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(영문) 서울남부지방법원 2017.11.07 2017가단240933
구상금
Text

1. The Defendant’s KRW 3,491,872 to the Plaintiff, as well as 5% per annum from September 22, 2017 to October 26, 2017.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

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

3. From September 22, 2017, the day following the delivery date of the duplicate of the instant complaint, the Plaintiff sought damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even during the period from September 22, 2017 to October 26, 2017, the delivery date of the application for modification of the purport

However, statutory interest rate under the Act on Special Cases applies from the date following the date on which a complaint seeking the performance of a pecuniary obligation or a document equivalent thereto was served on the obligor. Since it is clearly stated in the record that the Plaintiff first sought the performance of a pecuniary obligation as stated in Paragraph (1) of this case through an application for modification of the purport of the instant claim, and that the said application for modification was served on the Defendant on October 26, 2017, the said special Act

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