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(영문) 서울남부지방법원 2015.10.29 2015가합106500
부당이득금
Text

1. From July 1, 1991 to August 19, 2015, the Defendant paid to the Plaintiff KRW 250,000,000 and paid 5% per annum from August 19, 201 to August 19, 2015, and from August 20, 2015 to August 20, 2015.

Reasons

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

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

3. Article 3(1) main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (hereinafter “amended Provisions”) was wholly amended by Presidential Decree No. 26553, Sept. 25, 2015 that “The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings shall be 15/100 per annum.” Article 2(2) of the Addenda of the amended provisions provides that “The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings shall be 15/100 per annum.” Article 2(2) of the Addenda of the amended provisions provides that “The statutory interest rate under the former provisions shall be the interest rate under the former provisions until September 30, 2015, with respect to cases in which the first instance trial proceedings are pending at the time of the enforcement of this Decree, and shall be dismissed by 20/100 per annum thereafter.”

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