손해배상(기)
1. The counterclaim Defendant: 1,350,910 won to the counterclaim and 5% per annum from October 12, 2017 to June 22, 2019.
1. Indication of claims: It shall be as shown in attached Form; and
2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).
3. According to the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Partial Dismissal (wholly amended by Presidential Decree No. 29768, May 21, 2019), the statutory interest rate under the main sentence of Article 3(1) of the said Act is 12% per annum. Article 2(2) of the Addenda provides that “The statutory interest rate for a case in which the first instance trial is pending in a court at the time this Decree enters into force shall be the interest rate under the previous provisions until May 31, 2019, and from June 1, 2019, the amended provisions of this Decree shall govern.”
Therefore, the part seeking the payment of damages for delay calculated at the rate exceeding 12% per annum after June 1, 2019 to the counterclaim Defendant is dismissed as it is without merit.