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(영문) 서울중앙지방법원 2019.11.22 2018가합584273
손해배상(기)
Text

1. The Defendants jointly committed against the Plaintiff USD 202,713.15 and USD 140,000 among them.

Reasons

1. The description of the claim is as indicated in the annexed sheet of claim, “the cause of the modified claim,” “the cause of the subsequent claim,” and “the cause of the amendment.

2. Applicable provisions;

(a) Defendant B, C, and E: Article 208(3)3 of the Civil Procedure Act (a)

(b) Defendant D: Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act

3. Part concerning partial dismissal

A. The instant case has foreign elements, seeking the payment of the agreed amount against the Defendants, a national of the Republic of Korea, or a company established under the laws of the Republic of Korea, established under the Hong Kong law.

The main text of Article 25(1) of the Private International Act provides that "a contract shall be governed by the law of which the parties have chosen explicitly or implicitly," and it is reasonable to view that the parties implicitly selected the law of the Republic of Korea as the governing law, on the premise that the law of the Republic of Korea is applied.

Therefore, the governing law of this case is Korean law.

B. The Plaintiff filed a claim for payment of damages for delay after April 30, 2019 for the full amount of USD 202,713.15 in U.S. dollars, but the maturity period of USD 62,713.15 in USD 202,713.15 shall be April 30, 2019. As such, the damages for delay of USD 62,713.15 in USD 62,713 shall be deemed to take place from May 1, 2019, the following day.

Therefore, there is no reason for the Plaintiff’s claim for the payment of damages for delay incurred on April 30, 2019 with respect to USD 62,713.15.

C. On October 1, 2019, the Plaintiff sought payment of damages for delay calculated at the rate of 15% per annum from the day following the day of service of the written application for modification of the purport and cause of the claim.

However, as the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings were amended by Presidential Decree No. 29768 on May 21, 2019, Article 2(2) of the Addenda of the Act is amended, if the pleadings have been concluded after June 1, 2019, the provisions on statutory interest rate are amended from June 1, 2019.

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