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(영문) 창원지방법원 진주지원 2018.03.20 2017가단7855
손해배상(기)
Text

1. The defendant's KRW 75,400,000 and its amount shall be 20% per annum from December 26, 2007 to September 30, 2015 to the plaintiff.

Reasons

1. Indication of claim;

A. On February 6, 2006, the Plaintiff filed a lawsuit claiming damages against the Defendant under the Daejeon District Court 2006Gadan1933.

B. On December 26, 2007, the Daejeon District Court rendered a judgment that "the defendant shall pay the plaintiff 75,400,000 won with 20% interest rate from December 26, 2007 to the date of full payment" and the above judgment became final and conclusive on January 16, 2008.

C. The Plaintiff filed the instant lawsuit on December 11, 2017 for the interruption of extinctive prescription, since the extinctive prescription period for the claim based on the above judgment has expired.

The defendant is obligated to pay to the plaintiff 75,400,000 won and damages for delay calculated by the rate of 20% per annum from December 26, 2007 to the day of full payment.

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

3. Under Article 2(2) of the Addenda to the Regulations on Special Cases Concerning Encouragement, etc. of Legal Proceedings amended by Presidential Decree No. 26553, Sept. 25, 2015, part of dismissal is subject to each statutory interest rate of 20% per annum pursuant to the previous provisions until September 30, 2015; and 15% per annum pursuant to the amended provisions from October 1, 2015. Thus, the Plaintiff’s claim for damages for delay exceeding 15% per annum from October 1, 2015 among the Plaintiff’s claim is dismissed.

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