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(영문) 대전지방법원 2015.10.27 2015가단214919
양수금
Text

1. The Defendant’s KRW 198,401,243 and its portion among the Plaintiff

A. From May 27, 2015 to June 16, 2015, KRW 450,857

Reasons

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

(However, the “creditor” is deemed to be the “Plaintiff” and the “debtor” is deemed to be the “Defendant” (Article 208(3)2 of the Civil Procedure Act). 2. The Defendant raised a formal objection against the Plaintiff’s application for payment order after being served with the original copy of the payment order, and did not submit a specific written response, and did not submit a specific reply to the purport that the Plaintiff’s claim is disputed, such as not attending the date for pleading, and thus, the Plaintiff’s assertion is deemed to have led to the confession of all of the Plaintiff’s assertion in accordance with Article

3. As the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Partial Dismissal Lawsuit were promulgated on September 25, 2015, and enforced on October 1, 2015, the statutory interest rate is recognized only as being calculated at the rate of 20% per annum from June 17, 2015 to September 30, 2015 on the record that it is obvious that the service date of the original copy of the payment order in lieu of the duplicate of the complaint in this case is the next day of the service date of the original copy of the payment order in lieu of the duplicate of the complaint in this case, and as a result, the excess portion is dismissed.

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