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(영문) 서울중앙지방법원 2016.03.11 2015가합544540

선급금 반환

Text

1. The Defendant shall pay to the Plaintiff KRW 435,579,400 and the interest rate of KRW 15% per annum from November 5, 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 without holding any pleadings (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

3. The plaintiff partially dismissed shall claim for the payment of damages for delay calculated at the rate of 20% per annum from the day after the delivery date of the copy of the complaint of this case to the day of complete payment.

However, the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553, Sept. 25, 2015) that reduces the statutory interest rate from 20% per annum to 15% per annum under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553, Sept. 25, 2015) was amended and promulgated on Sept. 25, 2015, and came into force from October 1, 2015, the delay damages from the day after the delivery date of the duplicate of the complaint of this case to the day of full payment shall be recognized only within