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(영문) 대구지방법원서부지원 2020.07.22 2018가단71042
가공료 등 청구
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: KRW 35,572,300 and its therefrom from April 1, 2018 to April 11, 2019.

Reasons

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

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. Part concerning partial dismissal.

A. As the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings against Defendant B were promulgated on May 21, 2019 and enforced on June 1, 2019, it is recognized only as damages for delay calculated at the rate of 12% per annum after the enforcement date, and the exceeding portion is dismissed.

B. From April 1, 2018 to June 1, 2019, Defendant C bears the burden of damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act against the Plaintiff, as there is no ground to recognize that Defendant C bears the burden of damages for delay calculated at the rate of 5% per annum as to the Plaintiff from April 1, 2018 to April 2, 2020, and the part exceeding this is dismissed. 2) The provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for the Period from the date following the delivery date of the copy of the complaint in this case to the date of complete payment is promulgated as of May 21, 2019 and enforced from June 1, 2019, it is recognized only after the above enforcement date as calculated at the rate of 12% per annum, and it is dismissed.

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