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(영문) 광주지방법원 2016.04.07 2015가합59995 (1)
대여금
Text

1. The Defendant’s KRW 213,650,00 for the Plaintiff and KRW 5% per annum from March 15, 2012 to November 27, 2015, and the following.

Reasons

1. In filing the instant lawsuit on September 9, 2015, the Plaintiff claimed that “120,000 won and the amount calculated by the rate of 20% per annum from December 15, 2014 to the service date of a duplicate of the instant complaint,” and “the amount calculated by the rate of 120,000 won per annum from September 22, 2015 to the day of complete payment,” and that “33,650,000 won and 120,000,000 won among them shall be served on each of the following dates from the date of complete payment, to the date of complete payment,” and that “the amount of the instant complaint shall be served on each of the following dates from the date of the application for change of the purport of the claim and the cause of the claim from September 22, 2015 to the date of complete payment,” and that each of the instant complaint shall be served on each of the following dates from March 15, 2014 to the date of full payment.”

However, this Court sentenced a judgment on March 10, 2016 only rendered a judgment on the claim for payment of “120,000,000 won per annum from December 15, 2014 to the service date of a duplicate of the complaint of this case, and the amount calculated by the rate of 20% per annum from the next day to the day of full payment,” and omitted a judgment on the claim for payment of “213,650,000 won and the amount calculated by the rate of 20% per annum from the next day to the day of full payment,” which is the extended part of the claim, from March 15, 2012 to the delivery date of a duplicate of the complaint of this case, 5% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment.”

Accordingly, in accordance with Article 212(1) of the Civil Procedure Act, an additional decision is rendered on this part.

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

However, the plaintiff served the defendant on the same day after the delivery of a duplicate of the complaint, the purport of the claim, and the application for modification of the cause of the claim.

Although claiming for the payment of damages for delay calculated at the rate of 20% per annum, since 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 and enforced, the statutory interest rate under the above Act was 15% per annum from 20% per annum, the plaintiff's above statutory interest rate exceeded.

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