Text
1. The defendant shall pay 54,290,000 won to the plaintiff and 15% per annum from January 1, 2016 to the day of complete payment.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Article 208 (3) 3 of the Civil Procedure Act
3. As to the damages for delay, the Plaintiff claimed for the payment of damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day following the delivery of a duplicate of the complaint of this case to the day of full payment. However, the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) provides that the statutory interest rate applicable after October 1, 2015 shall be 15/100 per annum. Thus, in applying the aforementioned provision prior to the amendment, the Plaintiff’s claim for damages for delay exceeding the amount calculated at the rate of 15% per annum from January 1, 2016 to the day of full payment, is without merit.