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Civil Act — Article 397 (Special rules as to non-performance of monetary debt)

민법 제397조

(1) The amount of damages for non-performance of a monetary debt shall be determined by the legal rate of interest; provided, where there exists an agreed rate of interest which does not exceed the limitation provided by statutes, that agreed rate of interest shall prevail.

(2) With regard to the damages mentioned in the preceding paragraph, the obligee is not bound to prove the actual damages nor can the obligor set up the absence of negligence as a defense.

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