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(영문) 부산지방법원 2019.08.20 2019가단3932
약정금등
Text

1. The defendants jointly and severally liable to the plaintiff 105,000,000 won and the plaintiff

A. D Co., Ltd. shall begin on November 1, 2018.

Reasons

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

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The Plaintiff is seeking payment of money calculated at the rate of 15% per annum from the day following the day of service of the duplicate of the complaint of this case.

However, as the provision on statutory interest rate (Enforcement Decree) of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter "Act") was promulgated on May 21, 2019 and enforced on June 1, 2019, the statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was 12% per annum from June 1, 2019, it is recognized only as damages for delay calculated at the rate of 12% per annum from June 1, 2019, and the claim portion in excess is dismissed.

However, the costs of lawsuit shall be borne by the Defendants by applying the proviso of Article 101 of the Civil Procedure Act.

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