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(영문) 광주지방법원 2019.07.04 2019가단502643
양수금
Text

1. The Defendants jointly and severally against the Plaintiff’s Intervenor, as to KRW 138,238,027, and KRW 35,000,000 among them, Defendant E.

Reasons

1. Determination on the claim of the Plaintiff’s succeeding intervenor

(a)as shown in the reasons for the attachment of the claim;

(On the other hand, the plaintiff succeeding intervenor received the claim against the defendant from the plaintiff on February 18, 2019 when the lawsuit of this case is pending). (B)

Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

C. Partial dismissal: The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (hereinafter “Promotion Act”) was amended and promulgated on May 21, 2019 and enforced from June 1, 2019, 15% per annum, which is the statutory interest rate under the previous Promotion Act, shall apply to the period from May 31, 2019 until May 31, 2019; however, since the statutory interest rate under the Promotion Act was changed to 12% per annum from June 1, 2019, the damages for delay shall be recognized only by 12% per annum from June 1, 2019 to the date of full payment, and the parts in excess shall be dismissed.

2. The plaintiff's claim as the ground of claim in this case was transferred to the intervenor succeeding to the plaintiff. Thus, the plaintiff's claim is without merit.

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