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(영문) 수원지방법원 성남지원 2021.02.18 2020가합786
대여금
Text

The Defendants jointly and severally against the Plaintiff KRW 210,000,000 and the Defendants therefrom from March 22, 2011:

A. Defendant B shall have on November 7, 2020

Reasons

1. Indication of Claim: Attached Form No. 1621, No. 1621, 209 (hereinafter “Fair Deed of this case”) is the same as “written preparation” (the “Fair Deed of this case”; the “creditor” of the last compromise is the “Plaintiff”; and the “debtors” is the “Defendants”. 2. Applicable legal provisions

A. In the case of Defendant B, Article 208(3)1 of the Civil Procedure Act (Judgment without holding any pleadings)

B. In the case of Defendant C, Article 208(3)3 of the Civil Procedure Act (amended by the service of publication)

3. On March 22, 2011, the Plaintiff partly dismissed the Plaintiff claimed damages for delay after March 21, 2011, on which the date of partial repayment by the Defendants, the Plaintiff affixed the seal of the Plaintiff.

From the point of view, damages are claimed at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “the Act”), but the interest rate under the Act on the Promotion of Legal Proceedings applies to the case where “a judgment (including a judgment) is rendered,” which orders the performance of all or part of a monetary obligation (Article 3(1) of the Act on the Promotion of Legal Proceedings, Article 3(1)1 of the Act on the Promotion of Legal Proceedings (including a judgment) to order the performance of all or part of a monetary obligation.

In rendering rulings, the statutory interest rate, which serves as the basis for calculating the amount of compensation for damage caused by the default of monetary liabilities, shall be the interest rate prescribed by Presidential Decree in consideration of economic conditions, such as the interest rate on arrears applied by banks under the Banking Act, etc., within the extent of 40/100 per annum from the day following the day on which a written complaint demanding the performance of such monetary liabilities or a document corresponding thereto is served on the debtor.

Provided, That this shall not apply to cases falling under the lawsuit provided for in Article 251 of the Civil Procedure Act.

(see) As long as the preparation of the instant fair deed cannot be deemed to be “declaration of judgment” within the meaning of the instant lawsuit promotion, the point of time when the duplicate of the instant complaint was served on the Defendants respectively (in the case of Defendant B, November 7, 2020, and Defendant C’s allegation) from March 22, 2011 among the claim for damages for delay.

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