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(영문) 의정부지방법원 2020.06.05 2019가합56289
지료 청구의 소
Text

1. The Defendants jointly share the Plaintiff KRW 262,013,625 and KRW 260,00,000 among them shall be effective from November 6, 2019.

Reasons

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

2. Applicable provisions;

(a) Defendant B: Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act (limited to the case where deemed as a shareholder);

(b) Defendant C: Article 208(3)3 of the Civil Procedure Act (Decision by public notice)

3. The Plaintiff is entitled to claim against the Defendants damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from November 6, 2019 to the date of full payment.

On the other hand, the legal interest rate of 260,00,000 won out of the plaintiff's claim amount is applicable from the day following the delivery date of a copy of the complaint in this case to November 6, 2019 to the day of complete payment. However, with respect to the portion of 2,013,625 won additionally claimed through the application for modification of the claim and the cause of the claim as of April 28, 2020, Defendant B is liable for delay from the day following the above application was served to Defendant B, and Defendant C is not entitled to the legal interest rate of 2,013,625 won from May 21, 2020 on the day following the day when the above application was served to Defendant C, and Defendant C is not entitled to the legal interest rate of 2,00,000 won from May 10, 202, which is the day after the above application was served to Defendant C.

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