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(영문) 서울남부지방법원 2018.11.30 2015가합108407
손해배상(기)
Text

1. The defendant shall pay 1,00,000,000 won to the plaintiff and 15% per annum from February 25, 2016 to the day of full payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. The instant lawsuit, the governing law of which is determined, has foreign elements to seek damages against the Defendant, a corporation whose head office is located in Singapore.

Article 25(1) of the Private International Act provides that “The contract shall be governed by the law of which the parties have explicitly chosen,” and the plaintiff and the defendant agreed on the governing law in the contract of this case under the laws of the Republic of Korea, so the governing law

3. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deemed as private capital);

4. The part to be partially dismissed claims for the payment of damages for delay calculated at the rate of 20% per annum from the day after the delivery of a copy of the complaint of this case to the day of full payment. However, statutory damages for delay under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall accrue from the day after the delivery of a complaint. Under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and Article 3(1) main sentence of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015; effective October 1, 2015) the damages for delay calculated at the rate of 15% per annum from the day after October 1, 2015 shall be applied. Thus, the plaintiff's claims for damages for delay exceeding the above recognition

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