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(영문) 서울서부지방법원 2015.12.23 2014가합40046
손실보상금 반환
Text

1. The Defendant’s KRW 434,410,940 for the Plaintiff and 5% per annum from October 23, 2008 to November 5, 2015.

Reasons

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

(However, Article 208(3)3 of the Civil Procedure Act (Article 208(3)3 of the Civil Procedure Act). 2. Judgment by service based on the grounds by public notice (Article 208(3)3 of the Civil Procedure Act)

3. Of the Plaintiff’s partial dismissal damages claim, 20% interest rate of 15% per annum from November 6, 2015 to the date of full payment, is applicable pursuant to the “Rules on Legal Interest Rate of Article 3(1) main sentence of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings” (amended by Presidential Decree No. 26553, Sept. 25, 2015). As such, 15% interest rate of 15% per annum from November 6, 2015 to the date of full payment, among damages for delay claimed by the Plaintiff, is without merit.

(However, since the rate of damages for delay is reduced due to the amendment of the law, only the part of the claim claimed in excess of the rate is dismissed, the costs of lawsuit shall be borne by the defendant in accordance with the proviso of Article 10

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