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(영문) 대전지방법원천안지원 2015.10.07 2015가단108228
물품대금
Text

1. The Defendant: (a) KRW 31,112,380 for the Plaintiff and 20% per annum from August 11, 2015 to September 30, 2015; and (b) October 1, 2015 for the Plaintiff.

Reasons

1. Indication of claims: To be as shown in attached Form of claims;

(4) The court below erred by misapprehending the legal principles as to damages for delay calculated at the rate of 20% per annum as stipulated in Article 150 of the Civil Procedure Act, since the plaintiff submitted a written objection with the original copy of the payment order and did not present at the date for pleading after the submission of specific written response. 3. Part of dismissal of the plaintiff's assertion is deemed to have been led pursuant to Article 150 of the Civil Procedure Act.

However, the main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, 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 the Promotion, 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 at the time this Decree enters into force, and the statutory interest rate under the amended provisions of this Decree shall apply from October 1, 2015.”

Accordingly, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum as stipulated in the previous provision of the amendment and 15% per annum from October 1, 2015 to the date of full payment, from the day following the day when the original copy of the instant payment order was served to September 30, 2015.

Therefore, the plaintiff's damages for delay exceeds 15% per annum since October 1, 2015.

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