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(영문) 수원지방법원 2016.04.12 2015가단131976

손해배상(기)

Text

1. The Defendant’s KRW 10,000,000 as well as the Plaintiff’s annual rate from March 12, 2016 to April 12, 2016, and the following.

Reasons

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

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

3. Determination of the cited amount, and the form, period, and degree of the act of inhumanity between the defendant and C, and the effect of the act of inhumanity on the plaintiff's marital life, etc., shall be determined as KRW 10,000,000, which the defendant shall compensate the plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 5% per annum under the Civil Act from March 12, 2016 to April 12, 2016, which is reasonable for the Defendant to dispute on the existence of the obligation or the scope of the obligation, and the amount of damages for delay calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

Meanwhile, Article 3(1) main sentence of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was amended, and the rate of delay damages applied pursuant to Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was changed to 15% from October 1, 2015, and thus, the Plaintiff’s claim for delay damages exceeding the above rate of delay damages is dismissed as it is without merit.