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(영문) 서울남부지방법원 2016.01.14 2015가합5911

매매대금반환

Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from December 31, 2009 to October 31, 2015 to the Plaintiff.

Reasons

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

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

3. The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, which has been delegated with respect to the statutory interest rate of Article 3(1) main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, is wholly amended by Presidential Decree No. 26553, Sept. 25, 2015, “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.” As such, since the legal interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings was enforced from October 1, 2015, it is recognized only as damages for delay calculated at the rate of 15% per annum from the following day