손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 115,30,194 and the interest rate of KRW 15% per annum from November 26, 2015 to the date of full payment.
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Judgment with no basis (Articles 208 (3) 1 and 257 of the Civil Procedure Act).
3. Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that the statutory interest rate, which forms the basis for calculating the amount of damages due to nonperformance of a monetary obligation, shall be set according to the interest rate prescribed by Presidential Decree within the limit of 40/100 per annum from the day immediately following the day on which a complaint seeking the performance of the monetary obligation or a document equivalent thereto is served on the obligor, as it claims damages calculated at the rate of 20/100 per annum from the day after the delivery of the complaint to the day of full repayment.
Meanwhile, the main text of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015) provides that "the statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall be 15/100 per annum;" Article 1 of the Addenda provides that "this Decree shall enter into force on October 1, 2015," and Article 2 (1) of the Addenda provides that "Notwithstanding the amended provisions of this Decree, the case which is pending in the court as at the time this Decree enters into force and for which the first instance argument has been concluded, shall be governed by the previous provisions." Paragraph (2) provides that the statutory interest rate under the previous provisions shall be the rate until September 30, 2015, and the statutory interest rate under the amended provisions of this Decree shall be the date of October 1, 2015.
The instant case constitutes a case pending in this court at the time of the enforcement of the provision on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015) and falls under the case for which the first instance pleadings have not been concluded