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(영문) 서울서부지방법원 2019.08.23 2019가단222167

구상금

Text

1. From April 5, 2019 to April 29, 2019, the Defendant paid KRW 101,282,627 to the Plaintiff KRW 101,282,627, out of the above money.

Reasons

Attached Form

The facts as to the cause of the claim (Provided, That "creditor", "debtor", and "debtor" shall be deemed the plaintiff, and "debtor" shall be deemed the defendant) may be acknowledged by comprehensively considering the whole purport of the pleadings in the items in subparagraphs 1 through 4, or there is

Therefore, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 8% per annum, which is the rate of delay damages, from April 5, 2019 to April 29, 2019, the service date of the original copy of the instant payment order from April 5, 2019; 15% per annum from the next day to May 31, 2019; and 12% per annum from June 1, 2019 to the day of full payment.

(1) The portion of the Plaintiff’s claim for delay damages at a rate exceeding 12% per annum from June 1, 2019 is rejected by amending the main text of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings. Thus, the Plaintiff’s claim is justified within the scope of recognition, and the remainder of the claim is dismissed as it is without merit. It is so decided as per Disposition.