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(영문) 부산지방법원 2019.10.23 2019가합46165
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 215,873,945 and the interest rate of KRW 12% per annum from July 25, 2019 to the day of full payment.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Applicable provisions of Acts: Judgment without pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. Pursuant to the provisions on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for Partial Dismissal (wholly amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019), and Article 2 (2) of the Addenda of the same Act, among the Plaintiff’s claims, the part claiming payment of delay damages exceeding 12% per annum from the day after the delivery of the copy of the instant complaint after June 1, 2019 is dismissed.

However, the costs of lawsuit shall be borne by the defendant in accordance with Article 98 and the proviso to Article 101 of the Civil Procedure Act.

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