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(영문) 청주지방법원 충주지원 2018.12.06 2018가합5737

대여금

Text

1. The Defendant each of the above KRW 86,00,000 and KRW 129,00,000 to the Appointers E, the appointed parties C, and D, respectively.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim.

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

3. Part of the dismissal of the Plaintiff (Appointed Party), E, C, and D claimed for the payment of damages for delay from August 17, 2018 to 15% per annum under the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings. However, Article 3(1) of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings provides that the statutory interest rate (15% per annum) which serves as the basis for calculating damages for nonperformance of monetary obligations shall apply from the date following the date on which the complaint seeking the performance of monetary obligations or other equivalent document was served on the obligor. As such, with respect to each of the above money, the statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall apply from October 12, 2018 to the date on which the duplicate of the complaint in this case was served on the Defendant. Accordingly, the part claiming damages for delay by the Plaintiff (Appointed Party) and the appointed Party, E, C, and D shall not be accepted.