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(영문) 서울동부지방법원 2017.09.21 2017가합870
대여금
Text

1. The Defendant’s KRW 350,000,000 as well as the Plaintiff’s annual rate from July 1, 2003 to September 21, 2017, and the following.

Reasons

Description of Claim

Attached Form

same as the reasons for the claim.

In the part rejecting part of Article 208(3)1 and Article 257(2) and (1) of the Civil Procedure Act of the applicable provisions of the Acts, the Plaintiff seek for the payment of damages for delay calculated at the rate of 20% per annum from the day following the day on which the original copy of the instant payment order was served. However, as the amendment of the main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015 and enforced October 1, 2015), the statutory interest rate of 15% per annum is applied from October 1, 2015. Therefore, the Plaintiff’s claim for damages for delay in excess of this is partially dismissed. It is so decided as per Disposition.

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