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(영문) 광주지방법원 2016.07.14 2015가합4285
대여금
Text

1. Of the instant lawsuit, the part concerning the claim for the expenses of demand procedure shall be dismissed.

2. The defendant shall pay 476,500,000 won to the plaintiff and this shall apply.

Reasons

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

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

3. The part dismissed by the Plaintiff sought payment of KRW 224,50,00 of the cost of demand procedure spent by the Plaintiff in the payment order procedure (Seoul District Court Decision 2015Da6030). The cost of demand procedure corresponds to the cost of lawsuit. The cost of demand procedure is deemed to fall under the category of the cost of lawsuit. The amount spent in a lawsuit can only be repaid after the judgment became final and conclusive, and there is no benefit to file a lawsuit separately (see, e.g., Supreme Court Decision 99Da68577, May 12, 200). The Plaintiff’s lawsuit on demand procedure claim is unlawful.

4. The Plaintiff partially dismissed filed a claim for damages for delay calculated at the rate of 20% per annum from the day following the day when the original copy of the instant payment order was served on the Defendant to the day of full payment. However, the “the statutory interest rate provisions on the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings” was amended by Presidential Decree No. 26553, Sept. 25, 2015, and entered into force on October 1, 2015, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was changed to 1

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