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(영문) 수원지방법원 2016.06.09 2015가합7223

대위변제금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 242,667,775 and as a result, from November 25, 2015 to April 19, 2016.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

3. The portion of partial dismissal is to claim for the payment of damages for delay calculated at the rate of 15% per annum from November 25, 2015 to the date of full payment, which is the day following the date on which the Defendants’ debt was subrogated. However, the statutory interest rate prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings applies from the day after the filing of a complaint or other equivalent document was served on the obligor (main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings). As such, among the Plaintiff’s damages for delay, the portion that the Plaintiff seeks in excess of the amount calculated at the rate of 5% per annum from November 25, 2015 to April 19, 2016, which is the delivery date of a complaint under the Civil Act, and 15% per annum from the next day to the day of full payment, is dismissed. It is so decided as per Disposition by the application of the proviso of Article 98