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(영문) 부산지방법원동부지원 2019.10.23 2019가단212855

구상금

Text

1. As to KRW 37,217,834 and KRW 36,939,978 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from April 11, 2018 to March 31, 2019.

Reasons

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

(4) Article 150 of the Civil Procedure Act provides that “A creditor shall be deemed to be a “Plaintiff,” and “debtor” shall be deemed to be a “Defendant,” respectively. 2. Article 208(3)2 of the Civil Procedure Act provides that “A creditor shall be deemed to have presented the original copy of the payment order and a formal written objection.”

3. The provisions on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019; effective June 1, 2019) and Article 2 (2) of the Addenda of the same Act apply 12% per annum, which is the amended statutory interest rate, from June 1, 2019, and thus, the claim for damages for delay in excess is dismissed.