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(영문) 수원지방법원 2019.07.05 2019가단507748
사용료
Text

1. The Defendant: (a) KRW 49,571,410 for the Plaintiff and KRW 15% per annum from May 4, 2019 to May 31, 2019; and (b) for the Plaintiff.

Reasons

1. The grounds for the indication of the claim and each of the amended grounds for the claim shall be as specified in the attached Form;

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

3. The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings under the delegation of the main sentence of Article 3(1) was amended by Presidential Decree No. 29768 on May 21, 2019, and the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings was changed from 15% per annum to 12% per annum. Article 2(2) of the Addenda of this Rule provides that “The statutory interest rate for cases in which the first instance trial is pending in the court at the time this Decree enters into force, and the statutory interest rate for the cases in which the first instance trial has not been concluded until May 31, 2019 shall be governed by the previous provisions, and the amended provisions of this Decree shall govern the annual interest rate from the following day to June 1, 2019 until 205.” The statutory interest rate of this case shall be calculated by 15% per annum.

Therefore, the part of the claim that exceeds the damages for delay calculated at the rate of 12% per annum from the claim for damages for delay after June 1, 2019 is dismissed.

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