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(영문) 광주지방법원 2015.02.04 2014가단527722
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 67,261,41 and to the Plaintiff 6% per annum on December 23, 2014, and to the following day.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Grounds for recognition: Article 208 (3) 3 of the Civil Procedure Act.

3. The Plaintiff’s dismissal portion is seeking damages for delay calculated at the rate of 20% per annum from the delivery date of the complaint in this case. However, the main text of Article 3 of the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings provides that “Where a judgment ordering performance of all or part of monetary liabilities is rendered, the statutory interest rate constituting the basis for calculating damages due to nonperformance of monetary liabilities shall be in accordance with the interest rate prescribed by Presidential Decree in consideration of economic conditions, such as the overdue interest rate applied by banks under the Banking Act within the limit of 40/100 per annum from the day following the day on which the complaint demanding performance of the monetary liabilities or a document corresponding thereto was served on the obligor.” Thus, the Plaintiff’s assertion falling under the above part is without merit.

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