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(영문) 창원지방법원 2019.12.19 2019가합777
매매대금
Text

1. The Defendant’s KRW 400,000,000 as well as the Plaintiff’s 20% per annum from August 28, 2009 to September 30, 2015, and the following.

Reasons

1. On August 24, 2009, the Plaintiff filed an order for payment with the Defendant for the refund of the purchase price (Seoul District Court 2009j586, the Changwon District Court 2009j. 586), and on August 26, 2009, the Plaintiff received an order for payment stating that “the Defendant shall pay to the Plaintiff 40 million won and the damages for delay calculated at the rate of 20% per annum from the day after the original copy of the order for payment was served on the Plaintiff to the day of complete payment,” and the above order for payment was served on the Defendant on August 27, 2009.

Therefore, the defendant is obligated to pay to the plaintiff 40 million won and the defendant the original copy of the above payment order from August 28, 2009 to September 30, 2015, 20% per annum, 15% per annum from the next day to May 31, 2019, and 12% per annum from the next day to the day of full payment.

Within the limit of 20% per annum, the Plaintiff filed a claim for the interest rate on the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings ( October 1, 2015 and June 1, 2019) by dividing the damages for delay by the rate of damages for delay as of the enforcement date of the amended provisions.

2. Article 208 (3) 3 of the Civil Procedure Act:

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