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(영문) 부산지방법원동부지원 2019.11.06 2019가단216291

구상금

Text

1. The defendant jointly and severally with C about KRW 91,962,162 as well as KRW 91,898,062 as to the plaintiff. < Amended by Act No. 15035, Oct. 29, 2018>

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.