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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
[Claim]
Reasons
1. On April 11, 2017, the Defendant agreed to pay the Plaintiff KRW 34,791,229 for damages until December 31, 2017, with respect to the breach of trust against the Plaintiff (Seoul District Court 2016 High Court 2016 High Court 5093).
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. (1) According to the above facts of recognition, the defendant is obligated to pay to the plaintiff damages amounting to 34,791,229 won and damages for delay calculated at the rate of 12% per annum as stipulated in the Civil Act from January 1, 2018 to January 28, 2019, the service date of the original copy of the payment order in this case, and 5% per annum as stipulated in the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) until May 31, 2019; and 15% per annum as stipulated in the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
(1) The Plaintiff claimed for the payment of damages for delay calculated at the rate of 15% per annum from the day following the delivery date of the original copy of the instant payment order to the day of full payment. However, according to Article 2(2) of the Addenda to the Regulations on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which was enforced on June 1, 2019, the statutory interest rate for the case, which was pending before the court at the time of enforcement of the above provision, has not been concluded, shall be governed by the previous provisions, and the statutory interest rate for the case, which was incurred until May 31, 2019, shall be governed by the amended provisions, and since the date of the closing date of the first instance trial on September 27, 2019, the Defendant cannot claim for the payment of damages for delay calculated at the rate of 12% per annum with respect to the damages for delay after June 1, 2019 (2).