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(영문) 인천지방법원 2019.08.14 2019가단223401
계약금반환 청구의 소
Text

1. The Defendant’s KRW 40,000,000 as well as the Plaintiff’s annual rate from September 20, 2018 to June 1, 2019, and the following.

Reasons

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

2. Judgment without holding any pleadings: Articles 208(3)1 and 257(1) of the Civil Procedure Act: Provided, That the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019) shall apply, and the part of the Plaintiff’s claim for damages for delay exceeding the rate of 12% per annum after June 1, 2019 shall be dismissed.

However, it does not fall under Article 3 (2) of the Act on Special Cases concerning Expedition etc. of Legal Proceedings.

The litigation costs shall be governed by the proviso of Article 101 of the Civil Procedure Act.

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