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(영문) 인천지방법원 2016.03.31 2015가단233127

구상금

Text

1. As to KRW 22,084,230 and KRW 18,027,469 among them, the Defendant shall pay to the Plaintiff the year from August 13, 2015 to January 5, 2016.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. The Plaintiff appears to seek payment of damages for delay calculated at the rate of 20% per annum as stipulated in Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) with respect to the period from the day following the delivery of the duplicate of the instant complaint to the day of full payment.

However, the statutory interest rate under the main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015; Presidential Decree No. 26553, Oct. 1, 2015) set the statutory interest rate of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings as 15% per annum. Thus, the part seeking damages for delay calculated at the rate exceeding 15% per annum out of