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(영문) 춘천지방법원원주지원 2019.12.17 2019가합6573
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 917,534,373 and KRW 387,130,642 from June 30, 2009 to December 30, 209.

Reasons

1. The plaintiff filed a claim against the defendants as Seoul Central District Court 2009Gahap80915, and the above court rendered a judgment on December 24, 2009 that "the defendants jointly and severally pay to the plaintiff 917,534,373 won and 387,130,642 won with 19% per annum from June 30, 2009 to December 4, 2009, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive as it is.

Pursuant to Article 165 of the Civil Act, the period of extinctive prescription of the above claim is ten years from the day on which the judgment becomes final and conclusive, and thus, the lawsuit in this case is instituted for the interruption of prescription.

2. Judgment without holding any pleadings, which is prescribed in Articles 208 (3) 1 and 257 of the Civil Procedure Act.

3. The statutory interest rate provisions of the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings have been amended twice after the partial dismissal of the judgment. Accordingly, the damages for delay from October 1, 2015 to May 31, 2019 among the Plaintiff’s claims are calculated at the rate of 15% per annum; however, the damages for delay from June 1, 2019 to the date of full payment are recognized only the amount calculated at the rate of 12% per annum; and the portion in excess is dismissed.

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