(영문) 서울서부지방법원 2020.12.24. 선고 2020가합39665 판결

1. The Defendants jointly pay to the Plaintiff 257,00,000 won with 5% interest per annum from March 5, 2020 to October 20, 2020, and 12% interest per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit shall be borne by the Defendants.

4. Paragraph 1 can be provisionally executed.

Purport of claim

The defendants jointly pay to the plaintiff 257,00,000 won with 5% interest per annum from March 5, 2020 to the service date of a copy of the complaint of this case, and 15% interest per annum from the next day to the day of full payment.

Reasons

1. Indication of claim;

Attached Form 3 is as shown in the "Cause of Claim".

2. Applicable provisions;

Articles 208(3)1 and 257 of the Civil Procedure Act

3. Partial dismissal.

The Plaintiff sought payment of damages for delay calculated at the rate of 15% per annum from the day following the delivery of a duplicate of the complaint in this case. However, according to the provisions on statutory interest rate under 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 and enforced as of June 1, 2019), the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is 12% per annum from June 1, 2019.

Judges

The presiding judge, the Gimdo judge

Judges Jin-hee

Judges Chief Democratic

Attached Form

A person shall be appointed.

참조조문

-민사소송법 제208조 제3항 제1호

-민사소송법 제257조

-소송촉진 등에 관한 특례법 제3조 제1항

유사 판례

-서울서부지방법원 2020.12.24. 선고 2020가합39665 판결

-서울서부지방법원 2020.12.24 2020가합39665

-수원지방법원안산지원 2019.12.19 2019가합5687

-서울서부지방법원 2022.3.8. 선고 2021가소303827 판결

-서울중앙지방법원 2020.06.11 2020가합508043