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(영문) 서울중앙지방법원 2019.09.25 2018가합559963

구상금 등

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 287,885,930 as well as KRW 287,782,50 as well as for KRW 287,782,50 as from June 14, 2018 to September 14, 2018.

Reasons

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

2. Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act).

3. The Plaintiff seeking payment of damages for delay at the rate of 15% per annum under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings even for the period after June 1, 2019, and the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019). However, pursuant to Article 3(1) main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019), the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was changed to 12% per annum. Thus, the Plaintiff’s claim for damages for delay for the period after June 1, 2019 is without merit.

(2) Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that “The statutory interest rate shall be modified by the amendment of the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.” Therefore, it is not reasonable for the Defendants to resist the existence or scope of the obligation to perform as to the Plaintiff’s claim. Accordingly, Article 3(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings does not apply to the burden of litigation costs