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(영문) 서울중앙지방법원 2019.08.23 2019가단5053217
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from June 24, 2019 to the date of full payment.

Reasons

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

(However, ‘creditor' is considered as ‘Plaintiff', and ‘debtor' as ‘Defendant', respectively). 2. Each judgment without pleading (Article 208, Paragraph 3, Item 1 of the Civil Procedure Act)

3. The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Partial Dismissal was amended by Presidential Decree No. 29768 on May 21, 2019 and enforced on June 1, 2019. As such, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was 15% per annum, and was 12% per annum from June 1, 2019.

The Plaintiff claimed that the damages for delay incurred during the period after June 24, 2019 should be calculated at the rate of 15% per annum. However, this part of the damages for delay shall be accepted only within the amount calculated at the rate of 12% per annum, and the remainder claims shall be dismissed.

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