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(영문) 서울서부지방법원 2018.12.19 2018가단232792
대여금
Text

1. The Defendant’s KRW 36,492,206 with respect to the Plaintiff and KRW 20% per annum from October 13, 2010 to October 15, 2018.

Reasons

1. Indication of claims: To be as shown in attached Form;

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. Part of dismissal is in accordance with the interest rate prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (hereinafter “Litigation Promotion Act”) at the time when the aforementioned case was applied to claims for delay compensation of 20% per annum on loans established by judgment in Seoul Western District Court Decision 2007Da83406. This case is amended by Presidential Decree No. 26553, Sept. 25, 2015; the interest rate of 15% per annum as stipulated in the main sentence of Article 3(1) of the Litigation Promotion Act, which was effective from October 1 of the same year, shall apply (Article 3(1) of the Act on the Promotion of Legal Proceedings (Article 3(1) of the Act on the Promotion of Legal Proceedings), and the interest rate of 20% per annum from the day following the day on which the written complaint demanding the performance of monetary obligations was served to the obligor. Thus, it cannot be deemed that the above provision is excluded from the grounds that the monetary obligation seeking the performance of monetary obligations established by judgment was a claim for interruption of extinctive prescription.

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