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(영문) 광주지방법원 2019.11.15 2019가단6039

약정금

Text

1. The Defendant’s KRW 50,000,00 and the Plaintiff’s annual rate of KRW 5% from January 1, 2018 to February 28, 2019, respectively.

Reasons

1. The facts in the separate sheet of the facts of recognition are recognized since the defendant does not clearly dispute.

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 50,000,000 and 5% per annum from January 1, 2018 following the due date to February 28, 2019, which is the service date of the original copy of the payment order in this case, 15% per annum from the next day to May 31, 2019 under the Civil Act, 15% per annum from the next day to the day of the delivery of the original copy of the payment order in this case, and 12% per annum from the next day to the day of full payment.

In this regard, the Plaintiff claimed damages for delay from January 1, 2018 to February 28, 2019, the service date of the original copy of the instant payment order from January 1, 2018, and from February 28, 2019, 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings. However, since the rate of damages for delay under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is recognized after filing a lawsuit

Therefore, we cannot accept the claim for damages for delay exceeding 5% per annum, which is a civil interest rate during the above period.

In addition, the Plaintiff filed a claim for damages for delay with 15% per annum from June 1, 2019 to the date of full payment. However, since the rate of damages for delay under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was changed from 15% per annum to 12% per annum from June 1, 2019, the Plaintiff also rejected the claim for damages for delay in excess.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.