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(영문) 춘천지방법원원주지원 2019.08.14 2019가단1052
공사대금
Text

1. The Defendant’s KRW 77,00,000 as well as 15% per annum from May 25, 2019 to May 31, 2019 to the Plaintiff.

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 of the applicable provisions of Acts;

3. According to the main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019), 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 is 12% per annum. Article 2(2) of the Addenda provides that “The statutory interest rate for cases in which the first instance trial is pending in court at the time this Decree enters into force shall be governed by the previous provisions until May 31, 2019, and from June 1, 2019, the amended provisions of this Decree shall govern.”

Therefore, the part of the Plaintiff’s claim for the payment of damages for delay calculated at a rate exceeding 12% per annum after June 1, 2019 is dismissed as it is without merit.

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