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(영문) 수원지방법원 2016.03.10 2015가단34211
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 70,696,447 and the interest rate of KRW 15% per annum from January 1, 2016 to the date of complete payment.

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 (a judgment without holding any pleadings);

3. As to the damages for delay, the Plaintiff claimed for the payment of damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day following the delivery of a duplicate of the complaint of this case to the day of full payment. However, the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) provides that the statutory interest rate applicable after October 1, 2015 shall be 15/100 per annum. Thus, in applying the aforementioned provision prior to the amendment, the Plaintiff’s claim for the payment exceeds the damages for delay calculated at the rate of 15% per annum from January 1, 2016 to the day of full payment on the record.

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