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(영문) 대전지방법원 2015.10.27 2015가단17279
물품대금 등
Text

1. The Defendant’s KRW 66,680,377 as well as the Plaintiff’s KRW 20% per annum from April 17, 2015 to September 30, 2015.

Reasons

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

(However, the “creditor” is deemed to be the “Defendant” and the “debtor” is deemed to be the “Plaintiff” (Article 208(3)2 of the Civil Procedure Act). 2. The Defendant raised a formal objection against the Plaintiff’s application for the payment order after being served with the original copy of the payment order, and did not submit a specific written answer. Since each agent was present on the date for pleading, he did not give any specific reply to the effect that the Plaintiff’s assertion is disputing the cause of the claim, it shall be deemed that all of the Plaintiff’s assertion was led to confession under Article 150(3)

3. As the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Partial Dismissal Lawsuit were promulgated on September 25, 2015, and enforced on October 1, 2015, the statutory interest rate is recognized only as follows: (a) annual 20% from April 17, 2015 to September 30, 2015; and (b) annual 15% from the next day to the date of full payment; and (c) the excess portion is dismissed.

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