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(영문) 서울중앙지방법원 2016.10.12 2015가단122578
대여금
Text

1. As to KRW 56,400,00 and KRW 18,800 among them, the Defendant shall pay to the Plaintiff KRW 56,40,00 from August 5, 2016 to October 12, 2016.

Reasons

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

2. Applicable legal provisions: Article 208 (3) 3 of the Civil Procedure Act.

3. The Plaintiff at each partial term filed a claim for damages for delay with respect to KRW 37.6 million from the date on which the copy of the complaint was served. However, the obligor is liable for delay with respect to the obligation for damages for delay for which no due date is fixed, and the obligor is liable for delay from the obligee’s claim for the performance

In addition, since the plaintiff claims for the payment of the damages for delay confirmed by the service of the copy of the complaint of this case, the defendant bears the responsibility for delay in payment of the above damages for delay from the day after the copy of the complaint of this case

In addition, pursuant to the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, damages for delay from the day following the sentencing date shall be recognized only 15% per annum

Therefore, the claim for damages for delay in excess is dismissed.

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