logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.12.17 2015가단23915
임금등
Text

1. The defendant has the column for the claim amount in the list of "requestable bond indication" in the attached Form to the plaintiff (appointed party) and the appointed party.

Reasons

1. The description of the reasons for the request shall be as specified in the attached Form;

2. Judgment with no basis (Articles 208 (3) 1 and 257 of the Civil Procedure Act).

3. In cases where there is no agreement on the rate of delay damages in cases of failure to pay damages for delay among claims for delay, the amount of damages shall be calculated at the statutory interest rate prescribed in the Civil Act until the date of service of the complaint, and from the day after the day of service of the complaint to the day of service of the complaint, the

Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings provides that when a judgment ordering the performance of all or part of monetary liabilities is rendered, statutory interest rates constituting standards for calculating the amount of damages resulting from the default of monetary liabilities shall be governed by the interest rates prescribed by Presidential Decree within the limit of 40/100 per annum from the day following the day on which a written complaint demanding the performance of such monetary liabilities or other equivalent

Meanwhile, 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. 26553, Sep. 25, 2015) provides that "the statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall be 15/100 per annum;" Article 1 of the Addenda provides that "this Decree shall enter into force on October 1, 2015," and Article 2 (1) of the Addenda provides that "Notwithstanding the amended provisions of this Decree, the case which is pending in the court as at the time this Decree enters into force and for which the first instance argument has been concluded, shall be governed by the previous provisions." Paragraph (2) provides that the statutory interest rate under the previous provisions shall be the rate until September 30, 2015, and the statutory interest rate under the amended provisions of this Decree shall be the date of October 1, 2015.

Therefore, the part of the claim for damages for delay of this case by the plaintiff (Appointed Party) is ordered.

arrow