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(영문) 서울중앙지방법원 2020.05.13 2019가단12938
구상금 청구의 소
Text

1. As to KRW 40,197,260 and KRW 40,000 among them, the Defendant shall pay to the Plaintiff KRW 9% per annum from September 29, 2018 to April 8, 2019.

Reasons

1. The grounds for filing a claim shall be as specified in attached Form;

(D) Lawsuits against E were withdrawn. [Grounds for recognition: Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings]

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 40,197,260 won and 40,000,000 won among them, 9% per annum from September 29, 2018 to April 8, 2019, the delivery date of a copy of the complaint of this case, 9% per annum from the next day to May 31, 2019, and 15% per annum from the next day to the day of full payment.

(The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is changed to 12% per annum from June 1, 2019 as the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was enforced on June 1, 2019, and thus, the Plaintiff’s claim for delay exceeding the above recognition limit is dismissed.

3. Conclusion, the plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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