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1. The Defendant (Counterclaim Plaintiff) paid KRW 15,00,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment thereof from July 1, 2015 to May 10, 2016.
Reasons
1. Demand for principal lawsuit:
A. In fact 1, the Plaintiff is a kys of the deceased C (Death on October 2, 2014). The Defendant, as a child of the deceased C and the deceased D (Death on December 4, 2014), succeeded to the property of the deceased D along with E on June 13, 1994. 2) On December 9, 2014, the Defendant drafted and sent to the Plaintiff, on June 30, 2015, a letter (hereinafter “each letter of this case”).
[Grounds for recognition] The descriptions of evidence Nos. 2 and 3, and the purport of the whole pleadings
B. According to the above facts of recognition, the Defendant agreed to pay KRW 30,000,000 to the Plaintiff by June 30, 2015. As such, the Defendant is obligated to pay KRW 15,000,000 and delay damages from July 1, 2015, which is the day following the due date for payment, as sought by the Plaintiff.
However, the Plaintiff filed a claim for the payment of damages for delay at the statutory rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 1, 2015, the following day after the due date, but the statutory rate is applied from the day after the written complaint or other equivalent document was served to the Plaintiff’s claim for the performance of the monetary obligation. As such, from July 1, 2015 to July 14, 2015, including the Plaintiff’s claim for compensation for delay from July 14, 2015, which is the delivery date of the copy of the application for the change of the cause of the claim, the Plaintiff’s claim for damages for delay exceeding five percent per annum under the Civil Act is dismissed
Therefore, the defendant is obligated to pay to the plaintiff 15,00,000 won and damages for delay calculated by the ratio of 5% per annum under the Civil Act from July 1, 2015 following the due date to May 10, 2016, which is the sentencing date of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
In this regard, the defendant is forced to drive away from the deceased D's funeral hall at all without knowledge of the fact that the plaintiff's horse is forced.