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(영문) 대전지방법원 2021.03.31 2020가합1084
약정금
Text

The defendant's KRW 230,000,000 to the plaintiff and its related 5% per annum from May 20, 201 to March 10, 2021.

Reasons

1. As shown in the [Attachment 1] of the Claim’s indication and the re-statement of the changed cause of claim.

2. Article 208(3)1 and Article 257 of the Civil Procedure Act applicable to the law;

3. The Plaintiff, who was partially dismissed, did not specify the starting point of counting delayed damages of KRW 230,000 in the complaint. In submitting the purport of the claim of this case and the application for modification of the cause of the claim of this case, the Plaintiff filed a claim for payment of “the amount of damages for delay calculated at a rate of 5% per annum from May 20, 201 to the delivery date of the duplicate of the complaint of this case, and the amount of damages for delay calculated at a rate of 12% per annum from the next day to the day of complete payment.”

In a judgment ordering the performance of all or part of the entire obligation, the statutory interest rate, which serves as the basis for calculating the amount of damages for the nonperformance of the obligation, shall apply to the statutory interest rate for the performance of the obligation, from the day following the date on which the complaint seeking the performance of the obligation or a document equivalent thereto was served on the obligor. As such, the provision on delayed damages prescribed in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, may apply to the purport of the claim in this case and the written application for change of the cause of the claim falls under a document that can apply the above statutory interest rate, and the duplicate thereof

Therefore, the part seeking the payment of delayed damages calculated at the rate of 12% per annum from the day after the copy of the complaint in this case was served on 230,000,000 won among the plaintiff's claims until March 10, 2021 is dismissed.

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