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(영문) 서울중앙지방법원 2016.08.18 2015가단5168234
기타(금전)
Text

1. The Defendant’s KRW 25,018,40 for the Plaintiff and KRW 19% per annum from May 1, 2010 to April 23, 2015.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

(However, ‘creditor' is considered as ‘Plaintiff', and ‘debtor' as ‘Defendant'.

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

3. On May 1, 2010 to the delivery date of the original copy of the instant payment order from the date of May 1, 2010 to the date of the original copy of the instant payment order, the Plaintiff seeking a payment of the amount calculated at the rate of 19% per annum from the next day to the full payment date, and the amount of damages for delay calculated at the rate of 20% per annum is likely to claim damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

However, according to the amendment of the statutory interest rate in the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the rate of delay damages as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is 20% per annum until September 30, 201

Therefore, the Plaintiff’s claim for damages for delay is 25,018,40 won per annum from May 1, 2010 to April 23, 2015, which is the date of service of the original copy of the instant payment order from the date of service of the original copy of the instant payment order; 19% per annum from the following day to September 30, 2015; 20% per annum from the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Oct. 1, 2015); and 19% per annum from the following day to the date of full payment; and the excess portion is dismissed.

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