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(영문) 서울중앙지방법원 2019.10.16 2019가합525196
사해행위취소
Text

1. As to KRW 229,213,385 and KRW 229,213,233 among the Plaintiff, Defendant A shall be from April 12, 2019 to May 3, 2019.

Reasons

1. The description of the grounds for the claim is as shown in attached Form 2;

2. Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by a deemed as a foreigner);

3. The Plaintiff seeking payment of damages for delay at the rate of 15% per annum under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings even for the period after June 1, 2019, and the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019). However, pursuant to Article 3(1) main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019), the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was changed to 12% per annum. Thus, the Plaintiff’s claim for damages for delay for the period after June 1, 2019 is without merit.

(2) Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that “The statutory interest rate shall be modified by the amendment of the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.” Therefore, it is not reasonable for the Defendants to resist the existence or scope of the obligation to perform as to the Plaintiff’s claim. Accordingly, Article 3(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings does not apply to the burden of litigation costs

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