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(영문) 창원지방법원거창지원 2020.10.20 2020가단10928

손해배상(기)

Text

The defendant's 45,00,000 won and 15,000,000 won among them are 5% per annum on August 26, 2020 and 5% per annum on the plaintiff.

Reasons

1. The description of the request shall be as shown in the attached Form;

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

3. The portion claiming the return of KRW 15,00,000 as the restitution due to partial termination of contract is the date of the down payment, which is the date of delivery of a copy of the complaint of this case from August 26, 2020 to August 26, 2020 as requested by the Plaintiff, applying damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act, and damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment (the statutory interest rate of the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings is amended on May 21, 2019 and enforced on June 1, 2019, the rate of damages for delay exceeds the above annual rate of 15% per annum 12% per annum as requested by the Plaintiff.

The damages for nonperformance, for which KRW 30,000,00 is claimed, shall be liable for delay from the day following the day on which the performance is demanded due to an obligation unless the due date is specified. Thus, the portion of damages for delay on the delivery date of the copy of the complaint of this case is without merit, and on the same ground as above, the portion exceeding the rate of 12% per annum from the day following the delivery date of the copy of the complaint of this case from August 27, 2020 to the day of complete payment is without merit.