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서울중앙지방법원 2019.08.21 2019가단5633

구상금 청구의 소

Text

1. The Defendant’s KRW 89,420,050 and KRW 88,981,240 among the Plaintiff and KRW 9% per annum from August 2, 2018 to June 6, 2019.

Reasons

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

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act).

3. The Plaintiff shall claim for the payment of damages for delay calculated at the rate of 15% per annum from the next day of the delivery of a copy of the complaint of this case to the day of complete payment.

However, according to the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019), the statutory interest rate under the main sentence of Article 3(1) of the said Act is 12% per annum. Article 2(2) of the Addenda provides that “The statutory interest rate for cases in which the first instance trial is pending in the court at the time this Decree enters into force, and the legal interest rate for which the first instance trial has not been concluded, shall be the interest rate under the previous provisions until May 31, 2019, and from June 1, 2019, the amended provisions of this Decree shall apply.”

Therefore, the part of the Plaintiff’s claim for the payment of damages for delay calculated at a rate exceeding 12% per annum after June 1, 2019 to the Defendants is dismissed as it is without merit.