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(영문) 창원지방법원통영지원 2020.08.26 2019가단29067
보증금반환
Text

1. The defendant shall pay 40 million won to the plaintiff and 12% per annum from April 10, 2020 to the day of complete payment.

Reasons

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

2. Article 208 (3) 3 of the Civil Procedure Act:

3. The Plaintiff seeking payment of damages for delay calculated at the rate of 15% per annum from the day following the delivery date of a copy of the instant complaint against KRW 40,00,000. However, the Plaintiff’s statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019) was changed to 12% per annum from June 1, 2019. Thus, the Plaintiff’s legal interest rate of KRW 40,000,000, which is the day following the delivery date of the original copy of the instant payment order from April 10, 2020 to the day of full payment. The Plaintiff’s interest rate of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 2971, May 26, 2019) is not accepted.

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