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(영문) 인천지방법원 2016.10.13 2016가단233223
대여금
Text

1. The Defendant’s KRW 26,140,584 and its annual rate from July 10, 2015 to August 8, 2016, and the following day.

Reasons

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

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. The Plaintiff appears to seek payment of damages for delay calculated at the rate of 20% per annum as stipulated in Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) with respect to the period from July 10, 2015 to the date of full payment.

However, since the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015) is set at 15% per annum under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. (amended by Presidential Decree No. 26553, Oct. 1, 2015), the portion exceeding 5% per annum under the Civil Act from July 10, 2015 to August 8, 2016, the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, is set at 1

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