손해배상(기)
1. The Defendant’s KRW 5,652,620 and KRW 5% per annum from July 10, 2015 to April 11, 2018, and the following day from May 2019 to the Plaintiff.
In full view of the purport of the entire pleadings, evidence Nos. 1 through 4-2 of the evidence Nos. 1 to 4-2 of the defendant (including evidence with a serial number), the facts identical to the statement of the cause of the claim in the annexed sheet can be acknowledged, and there is no counter-proof by the defendant.
According to the above facts, the Defendant is obligated to pay the Plaintiff the amount calculated by applying the rate of 5,652,620 won and 5% per annum prescribed in the Civil Act from July 10, 2015 to April 11, 2018 (the day on which the duplicate of the complaint in this case was served) with the liability for damages of the tortfeasor, 15% per annum prescribed in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to May 31, 2019, and 12% per annum from the next day to the day of full payment.
However, pursuant to the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019) and the application of Article 2 (2) of the Addenda of the same Act (in cases without pleading, by analogy), the portion of the Plaintiff’s claim that exceeds the rate of 12% per annum after June 1, 2019 is dismissed.
However, it does not fall under Article 3 (2) of the Act on Special Cases concerning Expedition etc. of Legal Proceedings.
The litigation costs shall be governed by the proviso of Article 101 of the Civil Procedure Act.
The plaintiff's claim shall be accepted within the scope of the above recognition, and the remainder shall not be accepted.
It is so decided as per Disposition.