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(영문) 서울동부지방법원 2015.10.16 2015가단28891
물품대금
Text

1. The Defendant: (a) KRW 69,221,00 for the Plaintiff and the Plaintiff’s 6% per annum from October 24, 2013 to July 27, 2015; and (b) July 28, 2015.

Reasons

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

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. Partial dismissal: 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, Etc., amended by Presidential Decree No. 26553, Sept. 25, 2015; and enforced October 1, 2015; and pursuant to Article 2(2) of the Addenda, from October 1, 2015, 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, etc., shall be 15% per annum.

In other words, the supplementary provision of the above amendment contains any omission of a transitional provision regarding the “judgment rendered without holding any pleadings,” but Articles 208(1)5, 218(1) and (2), and 262(1) of the Civil Procedure Act recognizes the same legal effect as the date of the closing of pleadings in the case of “judgment without holding any pleadings” (a judgment without holding any pleadings). Therefore, according to the purport of the provisions of the Civil Procedure Act, the date of “the closing of pleadings” under Article 2(1) and (2) of the above supplementary provision of the Civil Procedure Act should also be interpreted as the date

Therefore, the case subject to a judgment without pleading for which the date of sentencing has not yet arrived as of October 1, 2015 falls under the “case for which the first instance court proceedings have not been concluded” and thus, it is necessary to order the delay damages calculated by the rate of 15% per annum from October 1, 2015 to October 1, 2015 pursuant to Article 2(2) of the Addenda.

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