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(영문) 서울동부지방법원 2016.03.11 2015가단122526
보증채무금
Text

1. The Defendant’s KRW 100,000,000 as well as 5% per annum from October 9, 2013 to February 12, 2016 to the Plaintiff.

Reasons

1. A cited part;

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

(b) Applicable provisions: Article 208 (3) 3 of the Civil Procedure Act;

2. The dismissed part;

A. On October 8, 2013: The portion claiming damages for delay on October 8, 2013: According to the evidence No. 1, it is recognized that October 8, 2013 was on the date of payment. Thus, the damages for delay occurs from October 9, 2013, which is the following day. Thus, the portion claiming damages for delay on October 8, 2013 should be dismissed.

Since the rate of damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was changed from October 1, 2015 to 15% per annum, the Plaintiff’s damages for delay in excess thereof shall be dismissed.

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