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(영문) 대구지방법원상주지원 2016.06.29 2015가단1931
공사대금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 25,000,000 and the Plaintiff’s aforementioned costs

A. Defendant B is from March 1, 2012 to May 28, 2016.

Reasons

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

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts;

3. The part to which partial dismissal is partially dismissed is sought for the payment of damages for delay calculated at the rate of 20% per annum as stipulated in Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 20

However, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015; Presidential Decree No. 26553, Oct. 1, 2015) provides that the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall be 15% per annum. Article 2(2) of the Addenda provides that “The statutory interest rate under the previous provisions shall be the interest rate until September 30, 2015 with respect to cases in which the first instance trial is pending in court at the time this Decree enters into force, and the interest rate under the amended provisions of this Decree shall be applied from October 1, 2015.” Thus, the part exceeding the aforementioned part of the damages for delay is dismissed.

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