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(영문) 수원지방법원 2016.02.04 2015가단56822

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 68,816,263 and the interest rate of KRW 15% per annum from November 27, 2015 to the day of full payment.

Reasons

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

2. Article 208 (3) 1 of the Civil Procedure Act.

3. As to the damages for delay, the Plaintiff claimed for payment of damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day following the delivery of a duplicate of the complaint of this case to the day of full payment. However, 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 (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) stipulate that the statutory interest rate applicable after October 1, 2015 shall be 15/100 per annum. Thus, in applying the aforementioned provisions prior to the amendment, the Plaintiff’s claim for payment exceeds the damages for delay calculated at the rate of 15% per annum from November 27, 2015 to the day of full payment.