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(영문) 서울중앙지방법원 2014.12.24 2014가합544604

이자금 등 청구의 소

Text

1. The Defendants shall jointly and severally serve as KRW 300,000,000 on the Plaintiff and as a result, from November 6, 2014 to December 24, 2014.

Reasons

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

2. Applicable provisions;

(a) Defendant A and B: Article 208(3)3 of the Civil Procedure Act (Decision by service by public notice);

(b) Defendant C, D: Article 208(3)2 of the Civil Procedure Act (a judgment made by deeming that the case is one’s own);

3. The Plaintiff’s ground for partial dismissal is that the Defendants claim damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Promotion Act”), but Article 3(1) of the Promotion Act provides that the complaint seeking the performance of monetary obligations or other equivalent documents shall apply the interest rate under the Promotion Act from the date following the date on which the obligor was served”. Thus, the Plaintiff’s claim for damages for delay against the Defendants shall not be accepted.