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(영문) 서울중앙지방법원 2017.05.31 2016가단137225
각서금
Text

1. The Defendant’s KRW 15,025,40 for the Plaintiff and the Plaintiff’s annual rate of KRW 5% from April 2, 2017 to May 31, 2017.

Reasons

1. The plaintiff's assertion is obligated for the defendant to pay the above money and damages for delay since the plaintiff supplied the defendant with the garment material and did not receive the 23,116,000 won.

2. According to the records in Gap evidence No. 1, it is recognized that the defendant agreed to the plaintiff that "payment of KRW 23,116,00, KRW 6,934,800 from November 1, 2014 to November 1, 2015, KRW 8,090, KRW 600 from November 2, 2015, and KRW 8,090,60 from November 1, 2016 to November 1, 2016, and KRW 8,090,60 from November 2, 2016 to November 1, 2017."

However, it is deemed that KRW 6,934,800, and KRW 8,090,60, which are agreed to pay by November 1, 2015 to be paid by November 1, 2016, have come to the present due date. However, KRW 8,090,600, which is agreed to pay by November 1, 2017, has not yet arrived since the due date after the closing date of the instant argument.

However, if it is necessary to claim in advance even if the due date is not due, it is possible to claim in advance, but it is necessary to claim in advance, which means the case where the debtor is unable to expect the voluntary performance when the due date comes or when the conditions are fulfilled because he/she contests the existence of the obligation from the prior date.

It is not necessary to make a prior claim on the sole basis of the fact that there is a reason to omit the performance or the impossibility of performance.

(See Supreme Court Decision 2000Da25576 delivered on August 22, 2000). However, there is no reason to acknowledge the necessity of a prior claim in this case.

Therefore, the Defendant’s payment of KRW 6,934,80 to the Plaintiff up to November 1, 2015 pursuant to the foregoing agreement (i.e., payment of KRW 8,090,60 to the Plaintiff up to November 1, 2016) and the following day after the copy of the instant complaint was served on the Defendant.

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