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(영문) 전주지방법원 2016.01.20 2015가단30499

부당이득금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 24,00,000 and the interest rate of KRW 15% per annum from November 14, 2015 to the date of full payment.

Reasons

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

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

3. The Plaintiff seeking 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 Expedition, 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 Expedition, etc. of Legal Proceedings as 15% per annum. Thus, the part claiming damages for delay calculated at the rate exceeding 15% per annum among the Plaintiff