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1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual 18.2% from November 1, 2012 to September 30, 2015, and the following.
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 (1) of the Civil Procedure Act of the applicable provisions of Acts;
3. The part to which partial dismissal is dismissed is sought by the Plaintiff for the payment of interest or delay damages calculated at the rate of 20% per annum from November 1, 2012 to September 30, 2015 to the Defendant.
However, Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings provides that special cases concerning statutory interest rates under the aforementioned Act shall apply from the day following the day on which a written complaint demanding the performance of a pecuniary obligation or a document equivalent thereto was served on the obligor, in cases where a judgment ordering the performance of a monetary obligation is rendered, in whole or in part, the payment of damages for delay pursuant to the interest rate prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings may be ordered from May 24, 201
Furthermore, the Plaintiff filed the instant lawsuit on April 11, 2016, and amended by Presidential Decree No. 26553 on September 25, 2015, and enforced on October 1, 2015, Article 3(1) main text of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings 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 15/100 per annum.” Article 2(2) of the Addenda of the same Act provides that “The statutory interest rate for cases in which the first instance trial is pending in the court at the time this Decree enters into force shall be the interest rate under the previous provision until September 30, 2015, and from October 1, 2015, the statutory interest rate under the amended provisions of the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall be applied to this case.”
Therefore, the Plaintiff’s 18.2% of the above interest or delay damages claim is the principal and interest for the period from November 1, 2012 to 24 months by lending KRW 30 million to the Defendant.