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(영문) 부산지방법원 2019.07.09 2019가단4188
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 40,000,000 and the amount shall be from May 10, 2018 to March 27, 2019.

Reasons

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

2. Judgment made by deemed confession: Articles 208 (3) 2 and 150 of the Civil Procedure Act.

3. The Plaintiff is seeking payment of money calculated at the rate of 15% per annum from the next day after the date of service of the duplicate of the complaint of this case.

However, as the provision on statutory interest rate (Enforcement Decree) of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Act”) was enacted on May 21, 2019 and enforced on June 1, 2019, the statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was 12% per annum from June 1, 2019, it is recognized only as damages for delay calculated at the rate of 12% per annum from June 1, 2019, and the exceeding claim portion should be dismissed.

However, the costs of lawsuit shall be borne by the Defendants by applying the proviso of Article 101 of the Civil Procedure Act.

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