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(영문) 서울중앙지방법원 2015.12.23 2015가합544588

손해배상(기)

Text

1. Defendants are jointly and severally liable to the Plaintiff KRW 280,000,000 and Defendant B with respect thereto from August 18, 2015 to September 30, 2015.

Reasons

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

2. Applicable provisions;

(a) Defendant B and C: Article 208(3)2 of the Civil Procedure Act (a)

(b) Defendant D: Article 208(3)3 of the Civil Procedure Act (Decision by public notice);

3. The portion of the Plaintiff’s partial dismissal is claiming against the Defendants for damages for delay at the rate of 20% per annum even after October 1, 2015. However, the statutory interest rate was changed to 15% per annum under the provisions on statutory interest rate under the main sentence 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. In cases where the pleadings were closed after October 1, 2015 under Article 2(2) of the Addenda of the same provision, the annual interest rate of 20% under the previous provisions until September 30, 2015, and the annual interest rate of 15% under the amended provisions from October 1, 2015, each of the claims against the Defendants for damages for delay exceeds the annual interest rate of 15% per annum after October 1, 2015, and is thus dismissed.