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(영문) 춘천지방법원강릉지원 2015.10.27 2015가합5562
양수금
Text

1. As to KRW 1,590,102,728 among the Plaintiff and KRW 375,00,000 among the Plaintiff, the Defendant shall start from August 18, 2015 to September 4, 2015.

Reasons

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

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;

3. According to Article 2(2) of the Addenda of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, Etc., the statutory interest rate of 20% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015) shall apply until September 30, 2015; however, the statutory interest rate of 15% per annum under the amended provisions governing the statutory interest rate from October 1, 2015 to the date of full payment shall apply.

Therefore, the above statutory interest rate cannot be applied from October 1, 2015 to the date of full payment of KRW 375 million, and only damages for delay determined by the rate of 18% per annum, which is agreed upon, shall be recognized as damages for delay.

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