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(영문) 대구지방법원서부지원 2017.11.14 2017가단53412
대여금
Text

1. The defendant,

A. The Plaintiff A’s KRW 28,115,090 and its related KRW 5% per annum from September 26, 2017 to November 14, 2017.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. The Plaintiff A’s partial dismissal of the Plaintiff’s claim filed a claim for damages for delay from February 4, 2016, which is the day following the date when the Plaintiff received the payment from the trading company. However, the claim for damages for delay from the date when the claim for restitution of unjust enrichment was filed with a non-fixed claim based on which the claim for payment of unjust enrichment was made. As such, the claim for damages for delay from the date when the copy of the complaint of this case was

Therefore, the part claiming damages for delay refers to 5% per annum as stipulated by the Civil Act from September 26, 2017 to November 14, 2017, which is the date following the delivery date of the copy of the complaint in this case, that is, the defendant's objection to the existence or scope of the obligation. The damages for delay calculated at 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. The remainder of the claims are dismissed for lack of justifiable grounds.

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