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(영문) 인천지방법원 2016.04.05 2015가단231602

구상금

Text

1. As to KRW 180,190,073 and its KRW 180,189,797 among the Plaintiff, the Defendant shall start from June 29, 2015 to July 23, 2015.

Reasons

1. The grounds for filing a claim shall be as specified in attached Form;

(However, according to the above facts of recognition on February 2, 2015, the creditor is "Plaintiff" and "debtor", and the defendant is obligated to pay to the plaintiff the total amount of KRW 180,190,073 and the amount of KRW 180,189,79,797, which is the date of subrogation, 12% per annum per annum from June 29, 2015 to July 23, 2015, which is obviously the date of delivery of the original copy of the payment order in this case, and from the following day to September 30, 2015 (amended by Presidential Decree No. 2653, Sep. 25, 2015) and the provision on the statutory interest rate under the main sentence of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015).

(A) The Plaintiff claimed for the payment of damages for delay calculated at the rate of 20% per annum from the day following the delivery date of the original payment order in this case until the day of full payment. However, the statutory interest rate provisions of Article 3(1) main sentence of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings were amended by Presidential Decree No. 26553, Sept. 25, 2015 to 15 and enforced from October 1, 2015, the portion of the damages for delay calculated at the rate of exceeding 15% per annum from October 1, 2015 to the day of full payment is without merit). Accordingly, the Defendant’s argument that the Defendant is still in bankruptcy and application for immunity under the Incheon District Court Decision 2015Hadan3694, 2015, 3698, and there is no evidence to acknowledge that the Defendant was immunity and exemption from the Defendant’s bankruptcy. Therefore, the Defendant’s argument is without merit.

3. Accordingly, the plaintiff's claim is accepted within the scope of the above recognition.