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1. The Defendant’s KRW 40,000,000 as well as the annual rate of KRW 5% from July 1, 2011 to August 21, 2015 to the Plaintiff.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts.
3. The Plaintiff’s ground for partial dismissal shall seek for the payment of damages for delay calculated at the rate of 20% per annum as stipulated in Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 201
However, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015; Presidential Decree No. 26553, Oct. 1, 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% per annum. Article 2(2) of the Addenda provides that “The statutory interest rate under the previous provisions shall be the interest rate until September 30, 2015 with respect to the case in which the first instance trial is pending in court at the time this Decree enters into force, and the interest rate under the amended provisions of this Decree shall be applied from October 1, 2015.” Thus, the part exceeding the aforementioned part of the damages for delay is dismissed.