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(영문) 서울중앙지방법원 2019.08.23 2018가단58357

구상금 청구의 소

Text

1. The Defendant’s annual interest in KRW 36,159,957 and KRW 35,982,510 among the Plaintiff, from July 29, 2018 to June 27, 2019.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Partial Dismissal was amended by Presidential Decree No. 29768 on May 21, 2019 and enforced on June 1, 2019. As such, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was 15% per annum, and was 12% per annum from June 1, 2019.

The Plaintiff claimed that the damages for delay incurred during the period after June 28, 2019 should be calculated at the rate of 15% per annum. However, this part of the damages for delay shall be accepted only within the amount calculated at the rate of 12% per annum, and the remainder claims shall be dismissed.