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(영문) 창원지방법원통영지원 2019.10.31 2019가단2086
약정금
Text

1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual interest from November 1, 2015 to May 24, 2019 and May 20, 2019.

Reasons

According to the written evidence No. 1 and the purport of the entire pleadings, it can be acknowledged that the Defendant agreed to pay KRW 100 million to the Plaintiff by October of the same year from September 16, 2015. Under the agreement, the Defendant is obligated to pay the Plaintiff KRW 100 million per annum from November 1, 2015 to May 24, 2019, the delivery date of a copy of the complaint in this case, 5% per annum under the Civil Act, from May 25, 2019 to May 31, 2019, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Amended by Presidential Decree No. 29768, May 21, 2019); and damages for delay calculated by 12% per annum from June 1, 2019 to the date of full payment.

(A) The legal interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is amended on May 21, 2019 and enforced on June 1, 2019, and only damages for delay calculated at the rate of 12% per annum from June 1, 2019 to the date of full payment shall be recognized, and the portion in excess shall be dismissed). Thus, the Plaintiff’s claim shall be accepted within the scope of the above recognition as reasonable, and the remainder shall be dismissed as it is without merit. It is so decided as per Disposition.

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