logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.23 2015가합12906
손해배상(기)
Text

1. The Defendant’s KRW 435,336,00 for the Plaintiff and KRW 20% per annum from July 2, 2015 to September 30, 2015.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment by public notice (Articles 208 (3) 3 and 194 of the Civil Procedure Act);

3. The plaintiff partially dismissed shall claim for the payment of damages for delay calculated at the rate of 20% per annum from the day after the duplicate of the complaint of this case is served to the day of complete payment.

However, the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015) that reduces the statutory interest rate from 20% per annum to 15% per annum under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (hereinafter “Special Cases”) is enacted on September 25, 2015, and was enforced from October 1, 2015, and thus, the delay damages from October 1, 2015 to the day of full payment are recognized only within the limit of 15% per annum.

Therefore, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum as stipulated in Article 3(1) of the Litigation Promotion Act, Article 2(2) of the Addenda to the Special Cases (amended by Presidential Decree No. 26553, Sep. 25, 2015), and Article 3(1) of the former Special Cases (amended by Presidential Decree No. 26553, Sept. 25, 2015) from July 2, 2015 to September 30, 2015, on the record that the date of payment for damages to the Plaintiff is clear from the date of delivery of a copy of the complaint of this case as sought by the Plaintiff.

arrow