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1. The Defendant’s KRW 30,000,000 as well as 5% per annum from January 1, 2015 to October 23, 2015 to the Plaintiff.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
(However, ‘creditor' is considered as ‘Plaintiff', and ‘debtor' as ‘Defendant').2. Judgment by service by public notice (Article 208(3)3 of the Civil Procedure Act).
3. The dismissed part.
A. The Plaintiff sought payment of interest or damages for delay calculated at the rate of 5% per annum from December 31, 2014, but there is no evidence to prove that the Defendant agreed to pay such interest rate of KRW 30 million until December 30, 2014. There is no evidence to prove that the Defendant agreed to pay the due date of KRW 30 million by December 30, 2014.
Rather, according to Gap’s statement, the defendant is obligated to pay to the plaintiff 30 million won a year from January 1, 2015 to 31, 2014, barring any special circumstance. Thus, barring any special circumstance, the defendant is obligated to pay damages for delay by 5% per annum as stipulated in the Civil Act.
Therefore, we cannot accept the part seeking the payment of damages for delay from December 31, 2014.
B. The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc., amended by Presidential Decree No. 26553, Sept. 25, 2015; and enforced October 1, 2015; and Article 2(2) of the Addenda thereto, from October 1, 2015, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, is 15% per annum.