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(영문) 서울중앙지방법원 2018.09.13 2018가단30052

보증금반환 청구의 소

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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,000,00 and 5% per annum from February 1, 2007 to October 21, 2009.

Reasons

1. A claim to extend the extinctive prescription of a claim based on a final and conclusive judgment of the Seoul Central District Court on November 20, 2009

2. Applicable legal provisions;

(a) Defendant B: Article 208(3)3 of the Civil Procedure Act (a)

(b) Defendant C: Article 208(3)2 of the Civil Procedure Act (a judgment made by a person who is deemed as a confession);

3. Partial dismissal of a case shall be made by applying 20% per annum, which is the interest rate under the previous provisions until September 30, 2015, and 15% per annum, which is the interest rate under the amended provisions, respectively, from October 1, 2015, pursuant to Article 2(2) of the Addenda to the Regulations on Special Cases concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015). The part of the claim for delay damages shall be dismissed.