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(영문) 서울중앙지방법원 2019.07.11 2019가합42349
양수금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally and severally liable for 900,241,879 won and 364,491,673 won among the Defendants.

Reasons

1. The indication of the claim (attached Form) is as stated in "the cause of the claim".

2. Defendant A and C: Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act). Defendant B: Decision made by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. The portion of partial dismissal of the Plaintiff claimed damages for delay calculated at the rate of 15% per annum from the date following the last delivery of a copy of the complaint with respect to loan claims. However, as the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings were amended by Presidential Decree No. 29768 on May 21, 2019, pursuant to Article 2(2) of the Addenda (Presidential Decree No. 29768, May 21, 2019), where the pleading is terminated after May 31, 2019, the legal interest rate under the previous provisions shall be 15% per annum until May 31, 2019, and from June 1, 2019, the interest rate under the amended provisions shall be 12% per annum from June 1, 2019 to 12% per annum. In this case, the damages for delay shall be paid.

The Plaintiff stated in its complaint and written application for modification of the purport of seeking damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 11, 2019, the date of filing the instant lawsuit on credit card price claims. However, according to the evidence No. 4 (Account Statement of Principal and Interest), the agreement applicable to credit card price claims can be known to 15% per annum. The above assertion may be harmful to the purport of seeking damages for delay of contract. Thus, the agreement rate of 15% per annum on the whole period shall apply.

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