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(영문) 서울중앙지방법원 2019.12.04 2018가단5156690

양수금

Text

1. The Defendant’s annual interest in KRW 41,203,365 and KRW 32,031,629 among the Plaintiff, from September 12, 2018 to May 31, 2019.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Applicable legal provisions: Article 208(3)2 of the Civil Procedure Act (a) (a judgment made by a person deemed as a confession, and the Defendant alleged to the effect that the rehabilitation procedure commenced on the Defendant’s application for interruption of the legal procedure as Seoul Rehabilitation Court Decision 2018Nu100147, but such rehabilitation procedure is recognized as abolished on May 13, 2019)

3. Grounds for partial dismissal: The part of the claim for payment of damages for delay exceeding the rate of 12% per annum from June 1, 2019 to June 1, 2019 among the plaintiff's claim pursuant to 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. 29678, May 21, 2019) and Article 2 (2) of the Addenda, shall be dismissed, and the costs of lawsuit shall be fully borne by the defendants in light of the progress of litigation, etc.