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(영문) 서울남부지방법원 2016.09.01 2016나2517
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of this court concerning this case is the same as the part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. According to the conclusion, 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 (hereinafter “Special Cases”) were promulgated on September 25, 2015 and enforced on October 1, 2015, which stipulate that the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (hereinafter “Special Cases”) shall be reduced from 20% per annum to 15% per annum, and accordingly, the Defendant is obligated to pay to the Plaintiff 5% per annum from May 5, 2005 to June 16, 2015, which is the date of delivery of a duplicate of the complaint of this case, from the following day to the date of delivery of a copy of the complaint of this case, to the date of September 30, 2015, Article 3(1) of the Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 2(2), and Article 2(5) of the former Special Cases No.

Therefore, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed for reasons. The judgment of the court of first instance orders the plaintiff to pay less than the above amount of money for recognition. Thus, it is unfair within the scope of this case. However, the judgment of the court of first instance cannot be modified disadvantageously to the defendant who is the appellant, and it is so decided as per Disposition by the defendant's appeal.

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