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(영문) 서울중앙지방법원 2019.07.05 2019가단5039358
대여금
Text

1. The defendant shall pay to the plaintiff KRW 103,486,307 and KRW 100,00,000 among them, from June 1, 2019 to the day of full payment.

Reasons

1. The grounds for application for the indication of the claim are as shown in attached Form;

(However, ‘creditor' is considered as ‘Plaintiff', and ‘debtor' as ‘Defendant', respectively. 2. Judgment without pleading(Article 208(3)1 of the Civil Procedure Act)

3. 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 for Partial Dismissal was amended by Presidential Decree No. 29768 on May 21, 2019 and enforced on June 1, 2019. As such, 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 was 15% per annum, and was 12% per annum from June 1, 2019.

The Plaintiff claimed that the damages for delay incurred during the period after June 1, 2019 be calculated at the rate of 15% per annum, but the above damages for delay shall be accepted only within the amount calculated at the rate of 12% per annum, and the remainder claims shall be dismissed.

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