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(영문) 서울중앙지방법원 2016.05.04 2014가단5024771
지원금 등 반환
Text

1. The Plaintiff:

A. Defendant B’s KRW 21,892,00 and for this, KRW 20% per annum from July 21, 2014 to September 30, 2015.

Reasons

1. Determination as to the claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

C. Since the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Enforcement Decree) that partially dismissed is wholly amended on September 25, 2015, 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 shall be 15/100 per annum. Thus, the Plaintiff’s remaining claims in excess of the order to pay the amount under the main sentence of Article 3(1) are groundless.

2. Determination on the claim against Defendant Seoul Guarantee Insurance Co., Ltd.

A. In full view of the statements in the evidence Nos. 1 through 11 (including each number), and the witness C’s testimony, the facts constituting the grounds for the attachment can be acknowledged. Thus, according to the above acknowledged facts, the Defendant Guarantee Insurance Co., Ltd. is obligated to pay damages for delay at the rate of 20% per annum from February 18, 2014 to September 30, 2015, based on the performance (payment) guarantee insurance contract (hereinafter “instant guarantee insurance contract”) stated in the grounds for the attachment, barring any special circumstances, to the Plaintiff, who is a policyholder, as the insured, as well as the Plaintiff, after the date of the claim for the insurance money, and as requested by the Plaintiff, the duplicate of the complaint of this case, as requested by the Plaintiff, from February 18, 2014 to September 30, 2015, and from the following day, to the date of full payment.

[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 (the statutory interest rate under the main sentence of Article 3(1) of the Enforcement Decree of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall be 15/100 per annum, etc.) is wholly amended and enforced from October 1, 2015, the Plaintiff’s remaining claims in excess of the amount under the main sentence of Article 3(1) are without merit.

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