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(영문) 서울서부지방법원 2017.12.13 2017가합35113
양수금
Text

1. The Defendant’s KRW 500,000,000 as well as its annual 13% from December 14, 2010 to December 13, 2017 to the Plaintiff.

Reasons

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

(However, the “creditor” shall be deemed to be the “Plaintiff”, and the “debtor” shall be deemed to be the “Defendant”). 2. A judgment by service based on the grounds by public notice (Article 208(3)3 of the Civil Procedure Act).

3. The Plaintiff seeking payment of interest for the period from June 19, 2008 to December 13, 2010, which was the date of the acquisition of the instant bonds from June 19, 2008. However, there is no evidence to deem that the scope of the claims that the Plaintiff acquired from C includes the interest claim for the period (see, e.g., Evidence A2 and 3). The Plaintiff’s assertion on this part is without merit.

Furthermore, the part of the Plaintiff’s claim for damages for delay, which exceeds the damages for delay calculated by the rate of 13% per annum as agreed upon by the Plaintiff from September 20, 2017, which is the day following the delivery of the original copy of the instant payment order, to December 13, 2017, which is deemed reasonable for the Defendant to object to the dispute, is dismissed.

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