logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.11.17 2020가단127500
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 21,171,00 and for this, KRW 5% per annum on September 24, 2020 and the next day.

Reasons

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

2. Applicable provisions of Acts: Article 208 (3) 1 and Article 257 of the Civil Procedure Act;

3. Part of rejection: The Plaintiff sought payment of damages for delay at the rate of 12% per annum from the date of delivery of a copy of the complaint with respect to damages for delay as stated in Paragraph (1) of this Article. However, Article 3(1) of the Act on Special Cases Concerning Expedition etc. of Legal Proceedings provides that statutory interest rate, which serves as the basis for calculating damages for nonperformance of monetary obligations, shall be based on the special interest rate from the next day after the day when the complaint claiming the performance of monetary obligations was served on the obligor, not from the day when the complaint was served on the obligor. Thus, the Defendants are obliged to pay to the Plaintiff damages for delay at the rate of 5% per annum as stipulated in the Civil Act and 12% per annum as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the next day until the day when the copy of the complaint was served on the Defendants. In other words, the Plaintiff’s remaining claims seeking damages for delay exceeding 5%

arrow