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(영문) 부산지방법원 2019.08.27 2019가단316744
손해배상(기)
Text

1. The defendant shall pay 32,093,513 won to the plaintiff and 12% per annum from July 3, 2019 to the day of complete payment.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The Plaintiff is seeking payment of money calculated at the rate of 15% per annum from the day following the day of service of the duplicate of the complaint of this case.

However, as the provisions on statutory interest rate (Enforcement Decree) of the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter "Act") were promulgated on May 21, 2019 and enforced on June 1, 2019, the statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was 12% per annum from June 1, 2019, it is recognized only as damages for delay calculated at the rate of 12% per annum from July 3, 2019, the day following the delivery date of a copy of the complaint, and the excess portion of the claim is dismissed.

However, the defendant shall bear all the costs of lawsuit by applying the proviso of Article 101 of the Civil Procedure Act.

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