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(영문) 서울중앙지방법원 2019.06.05 2019가단5021814
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 45,291,09 and KRW 45,229,580 among the Defendants, from January 22, 2019 to February 22, 2019.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment with no ground for recognition (Article 208 (3) 1, and Article 257 of the Civil Procedure Act);

3. The Plaintiff shall claim against the Defendants the payment of damages for delay calculated at the rate of 15% per annum from the day after the duplicate of the complaint of this case is served to the day of complete payment.

However, according to the main text of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019), the statutory interest rate under the main sentence of Article 3(1) of the said Act is 12% per annum. Article 2(2) of the Addenda provides that “The statutory interest rate for cases in which the first instance trial is pending in court at the time this Decree enters into force, and the legal interest rate for which the first instance trial has not been concluded, shall be governed by the previous provisions until May 31, 2019, and from June 1, 2019, the amended provisions of this Decree shall apply.”

Therefore, the part of the Plaintiff’s claim for the payment of damages for delay calculated at a rate exceeding 12% per annum after June 1, 2019 to the Defendants is dismissed as it is without merit.

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