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(영문) 부산지방법원 2016.06.17 2016가단19042

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 28,600,000 won and 5% per annum from January 23, 2016 to April 27, 2016.

Reasons

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

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

3. The Plaintiff seeking damages for delay at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings even for the period from January 23, 2016 to the delivery date of a copy of the instant complaint. However, since the rate of damages for delay under the aforesaid Act is applied from the day following the delivery date of a copy of the complaint, the Plaintiff is bound to seek damages for delay payment at the rate of 5% per annum as stipulated by

Therefore, the part claiming damages for delay exceeding 5% per annum between January 23, 2016 and April 27, 2016, the delivery date of a copy of the complaint in this case, is without merit, and the claim in this part is dismissed.