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(영문) 서울중앙지방법원 2015.05.12 2014가합540091
양수금
Text

1. As to KRW 382,865,806 and KRW 284,940,094 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from January 11, 2014 to April 4, 2015.

Reasons

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

(Provided, That the “creditor” shall be deemed to be the “Plaintiff”, and the “debtor” shall be deemed to be the “Defendant”, and Article 208(3)3 of the Civil Procedure Act by publication.

3. The part dismissing part of the Plaintiff’s claim for damages for delay at the rate of 20% per annum from January 11, 2014 to April 4, 2015, the agreed rate for damages for delay during the period from January 11, 2014 to April 4, 2015, the delivery date of a duplicate of the application for the instant payment order, is 14% per annum.

There is no evidence to prove that 20% per annum has been paid in excess of this.

Therefore, this part of the claim is dismissed.

Provided, That the proviso of Article 101 of the Civil Procedure Act shall apply to litigation costs.

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