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(영문) 서울중앙지방법원 2020.10.23 2020가단20522

소멸시효 연장의 소

Text

1. The defendant shall pay 35,00,000 won to the plaintiff and 20% per annum from March 1, 2011 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. Judgment without any applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The Plaintiff partially dismissed filed a claim for damages for delay calculated at the rate of 20% per annum from February 1, 2011. However, in Seoul Southern District Court 2010Kadan9027, “the Defendant shall pay the Plaintiff KRW 35,00,000,000 to the Plaintiff on the last day of each month during the period from January 1, 2011 to 35 months. If the sum of the amounts unpaid until the above payment date falls on two occasions, the Defendant shall lose the benefit of time, and the unpaid total amount shall be paid at once, but the settlement was made at the rate of 20% per annum from the day following the day on which the benefit of time is lost to the day of full payment.” According to the above settlement, the part of the damages for delay exceeding the interest of the above claim shall not be accepted as of February 31, 2011, which exceeds the above damages for delay.