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(영문) 서울중앙지방법원 2019.08.30 2015가단31207

구상금

Text

1. The Defendant’s KRW 580,788,720 for the Plaintiff and KRW 6% per annum from October 14, 2015 to May 10, 2019.

Reasons

1. The grounds for the indication of the claim and each of the amended grounds for the claim shall be as specified in the attached Form;

2. Judgment by deeming confession [Article 208(3)2 of the Civil Procedure Act, and the defendant submitted a written reply after being served with a duplicate of the complaint of this case and an application for modification of the date for pleading, and only sought designation or modification after the date for pleading, and did not state the purport of disputing the facts constituting the plaintiff's claim. The defendant's legal representative did not make a statement to the purport that the plaintiff's claim was asserted even when he was present at the fourth date for pleading. Thus, it is deemed that the defendant led to the confession of all the plaintiff's assertion in accordance with Article 150 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 1, 2019 shall 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.