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(영문) 서울동부지방법원 2017.04.18 2016가단144738

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 20,221,670 and the interest rate of KRW 15% per annum from December 20, 2016 to the date of full 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 (1) of the Civil Procedure Act);

3. The Plaintiff seeking payment of damages for delay calculated at the rate of 20% per annum from the day after the delivery of the complaint to the day of complete payment. However, the Plaintiff’s amendment to pay damages for delay calculated at the rate of 15% per annum from October 1, 2015 pursuant to Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and 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. 26553, Sept. 25, 2015; effective October 1, 2015). Thus, the Plaintiff’s claim for the portion exceeding the above recognized amount is dismissed as it is without merit, and is so decided as per Disposition by applying Article 98 and the proviso to Article 101 of the Civil Procedure Act with respect to the bearing of litigation costs.