구상금
1. As to KRW 48,720,012 and KRW 10,550,797 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from May 1, 2014 to August 31, 2015.
In full view of the purport of the entire arguments in Gap evidence Nos. 1 through 7, facts such as the entry of the grounds for the claim can be acknowledged, and there is no counter-proof by the defendant.
Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 48,720,012 (10,550,797, substitute payment of KRW 408,930,625, and additional guarantee fees of KRW 36,50,625, and KRW 10,50,797, which is the next day from May 1, 2014 to August 31, 2015, the agreed interest rate of KRW 12%, and the annual interest rate of KRW 8% from September 1, 2015 to April 25, 2019 (the service date of the original copy of the decision of the payment order in this case), and the annual interest rate of KRW 15% from the next day to May 31, 2019; and KRW 10,500 from the next day to the next day to the day of full payment.
However, pursuant to the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019) and the application of Article 2 (2) of the Addenda of the same Act (in cases without pleading, by analogy), the portion of the Plaintiff’s claim that exceeds the rate of 12% per annum after June 1, 2019 is dismissed.
However, it does not fall under Article 3 (2) of the Act on Special Cases concerning Expedition etc. of Legal Proceedings.
The litigation costs shall be governed by the proviso of Article 101 of the Civil Procedure Act.
In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are not accepted.
It is so decided as per Disposition.