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(영문) 부산지방법원 2015.10.16 2015가단59043
대여금
Text

1. The Defendant: (a) KRW 150,00,000 for the Plaintiff and KRW 20% per annum from August 25, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

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

3. Grounds for partial dismissal: The Plaintiff sought payment of damages for delay at a rate of 20% per annum under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day following the delivery of a duplicate of the complaint in this case until the day of complete payment. Thus, the “Rules on the statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings”, which is the Enforcement Decree of the above Act, was wholly amended by Presidential Decree No. 26553 on September 25, 2015, and the above statutory interest rate was 15% per annum from October 1, 2015. According to Article 2 (2) of the Addenda of the above Enforcement Decree, the statutory interest rate for this case is 20% per annum from September 30, 2015, and the annual interest rate shall be 15% per annum under the amended Act from October 1, 2015 to the day of complete payment. Accordingly, the Plaintiff’s claim is dismissed only this part.

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