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(영문) 부산지방법원서부지원 2020.06.04 2020가단1545

대여금

Text

1. The Defendant shall pay KRW 50,000,000 to the Plaintiff as well as KRW 200,000 per month from October 24, 2018 to March 30, 2020.

Reasons

1.(a)

The indication of claims: The reasons for the claim shall be as specified in attached Form.

B. Partial dismissal: The Plaintiff asserts that 200 million won was paid with interest rate of KRW 80,000 per month and sought payment of interest or delay damages calculated at the rate of 12% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from October 24, 2018 to the date of full payment. However, Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that the Plaintiff shall pay delay damages in accordance with the prescribed interest rate from the day following the date on which the complaint seeking the performance of monetary obligations was served on the obligor. Thus, from October 24, 2018 to March 30, 2020, the delivery date of a duplicate of the complaint in this case, only the agreement of the Plaintiff’s assertion as the principal amount of KRW 50,000 per month shall be cited.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);