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(영문) 서울동부지방법원 2019.07.25 2019가단4015
약정금
Text

1. As to the Plaintiff KRW 40,000,000 and KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 10,000,000 from July 1, 2017.

Reasons

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

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. Part concerning partial dismissal

A. As to KRW 40,000,000, the Plaintiff claimed for payment of 5% per annum as stipulated in the Civil Act from July 1, 2017, but according to the payment certificate (Evidence A) written by the Defendant to the Plaintiff, the Defendant shall pay KRW 40,000,000 to the Plaintiff, on condition that KRW 10,000,000 among them shall be paid to the Plaintiff until June 30, 2017, and KRW 10,000,000 until July 30, 2017, and KRW 10,000,000 until August 30, 2017, 10,000,000,000 until September 30, 2017, and each claim for interest payment between the Plaintiff and the Defendant may be dismissed as to each claim for payment before the due date.

B. Moreover, as the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings were promulgated on May 21, 2019 and enforced from June 1, 2019, the statutory interest rate was changed to 12% per annum from June 1, 2019.

Therefore, from June 1, 2019, only damages for delay calculated at the rate of 12% per annum shall be recognized, and the exceeding part of the claim shall be dismissed.

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