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(영문) 수원지방법원 2015.10.30 2015가단41189

대여금 등

Text

1. The Defendant’s annual interest in KRW 70,244,469 and KRW 56,974,523 among the Plaintiff, from August 28, 2015 to September 30, 2015.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. As to the damages for delay, the Plaintiff claimed for the payment of damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the delivery date of a duplicate of the complaint in this case until the day of full payment. However, the statutory interest rate applicable after October 1, 2015 (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) of Article 3(1) main text of the amended Act provides that the statutory interest rate applicable after October 1, 2015 shall be 15/100 per annum. Thus, the Plaintiff’s claim for the payment of damages for delay at the rate of 20% per annum from October 1, 2015 to the day of full payment is groundless.