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1. On August 1, 2015, Defendant 1, Co., Ltd., Ltd., 410,512,320 won and KRW 348,369,420 among them.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Articles 208(3)1 and 257 of the Civil Procedure Act: A judgment without holding any pleadings;
3. The Plaintiff partially dismissed the part of the Plaintiff claimed against the Defendants for payment of the interest rate of 16% per annum from August 1, 2015 to the delivery date of a duplicate of the complaint in this case, and damages for delay at the rate of 20% per annum from the next day to the day of complete payment under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings. However, the “Rules on the Legal Rate of Article 3(1) main sentence of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings” was amended by Presidential Decree No. 26553, Sept. 25, 2015, pursuant to Article 2(2) of the Addenda (Presidential Decree No. 26553, Sept. 25, 2015). Thus, the part of the Plaintiff’s claim for damages for delay exceeds the interest rate of 20% per annum under the previous provisions until September 30, 2015; and from October 1, 2015 to the day of full payment.
However, it is reasonable to view that the Plaintiff’s claim for the payment of damages for delay based on the Plaintiff’s statutory rate of 20% per annum includes an assertion claiming the payment of damages for delay based on the agreed interest rate of 16% per annum. Therefore, the part claiming the payment of damages for delay based on the agreed interest rate of 16% per annum from the day following the delivery of the copy
Therefore, the Plaintiff is obligated to pay damages for delay at the rate of 16% per annum from August 1, 2015 to the date of full payment, and from September 10, 2015 to September 10, 2015, the duplicate of the complaint in this case at the rate of 16% per annum from August 1, 2015 to September 10, 2015. Thus, the Plaintiff is obligated to pay damages for delay at the rate of 20% per annum from the following day to September 30, 2015, with the interest rate of 16% per annum from August 1, 2015 to the date of full payment.