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(영문) 서울서부지방법원 2015.10.28 2015가합2768
양수금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 500,000,000 and the Defendants’ aforementioned amount from September 19, 2015.

9. up to 30.0% per annum.

Reasons

1. Indication of claim;

A. Defendant A borrowed KRW 1 billion from the Korea Development Bank on June 13, 2008, and Defendant B and C jointly and severally guaranteed the above loan obligations.

B. As of December 31, 2012, the outstanding principal out of the above loans remains in KRW 834,967,749, and the Plaintiff acquired the above loans from the Korea Development Bank on February 7, 2013.

C. Therefore, the Plaintiff asserts that the Defendants shall jointly and severally pay KRW 500,000,000, which is part of the principal amount of the above transfer money, and damages for delay.

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

3. The Plaintiff shall claim for the payment of damages for delay calculated at the rate of 20% per annum from the day after the copy of the complaint is served to the day of complete payment with respect to KRW 500 million.

However, from September 19, 2015 to September 19, 2015, pursuant to Article 2 (2) of the Addenda of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Rules”) concerning statutory interest rates under the main sentence of Article 3 (1) of the Act.

9. Until September 30, 2015, the statutory interest rate of 20% per annum under the former Regulations (amended by Presidential Decree No. 26553, Sep. 25, 2015) shall apply, however, the statutory interest rate of 15% per annum under the amended provisions shall apply from the following day to the date of full payment. Therefore, the part of the damages for delay claimed by the Plaintiff is without merit.

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