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(영문) 서울중앙지방법원 2020.04.23 2020가합509817
판결금 청구의 소
Text

1. The defendant shall pay to the plaintiff KRW 240,00,000 per annum from July 3, 2004 to February 24, 2010, and from February 25, 2010.

Reasons

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

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

3. Part concerning partial dismissal

A. The Plaintiff filed an application against the Defendant for a payment order claiming payment of KRW 240,00,000 as Seoul Central District Court Decision 201Da8655, and damages for delay calculated at the rate of 5% per annum from July 3, 2004 to the delivery date of the payment order, and 20% per annum from the next day to the day of full payment. The original copy of the payment order (hereinafter “instant payment order”) was served on the Defendant on February 24, 2010, but it is evident that the Defendant’s failure to file an objection and the fact that the decision was finalized on March 11, 2010 is a record.

In order to extend extinctive prescription, the Plaintiff claimed the payment of the loan fixed in the instant payment order and the delayed payment damages therefor, and claimed on February 20, 2010 the initial date of the damages for delay as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion Act”). The initial date of the damages for delay as prescribed by the above Litigation Promotion Act is February 25, 2010, after the original copy of the payment order was served on the Defendant, and thus, the Plaintiff’s claim

B. In addition, the Plaintiff asserts the interest rate on delay damages at the rate of 20% per annum, which is the interest rate stipulated in the Civil Procedure Promotion Act, from February 20, 2010 to the date of full payment.

However, since the above payment order does not recognize res judicata effect, the court should calculate damages for delay without binding force.

According to Article 3(1) main sentence of Article 3(1) of the amended Litigation Promotion Act (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015; effective October 1, 2015; partially amended by Presidential Decree No. 29678, May 21, 2019; effective June 1, 2019); and Article 2(2) of the Addenda of the said Act, the statutory interest rate under the main sentence of Article 3(1) of the said Act is 20% per annum until September 30, 2015; and 15% per annum from October 1, 2015 to May 31, 2019; and from June 1, 2019 to June 1, 2019.

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