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(영문) 서울서부지방법원 2015.11.13 2015가단29483

공사대금등

Text

1. The defendant 32,390,000 won against the plaintiff A, 13,480,000 won against the plaintiff beneficiary design corporation, and 5,262.

Reasons

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

2. Articles 208(3)1 and 257 of the Civil Procedure Act: A judgment without holding any pleadings;

3. Some of the plaintiffs claim payment of damages for delay calculated at the rate of 20% per annum as stipulated in Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and the main sentence of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015), but the statutory interest rate of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Oct. 1, 2015) provides that the statutory interest rate of 15% per annum under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall be 10% per annum from the date following the delivery date of a duplicate of the complaint to the date of complete payment, and the defendant shall pay 20% interest rate of 15% per annum from 20 days following the amendment to 15.

Therefore, the plaintiffs' respective claims for damages for delay exceeding the above recognition scope are dismissed as it is without merit.