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(영문) 서울중앙지방법원 2019.03.29 2018가단42475
물품대금 청구
Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from January 23, 2019 to the day of complete payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. Some of the grounds for dismissal are that the Plaintiff claimed damages for delay from August 7, 2015, which was the date of claim for payment against C with respect to the Defendant, but there is no evidence to acknowledge that “the Plaintiff made a separate agreement with the Defendant as to the period during which the payment for the instant goods was due,” or that “the Plaintiff claimed against the Defendant prior to the filing of the instant lawsuit, for the performance of the payment.”

Therefore, a claim for damages on the period before January 22, 2019, which served on the Defendant the copy of the complaint containing the declaration of intent to demand performance, is not accepted.

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