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(영문) 서울남부지방법원 2015.03.11 2015가단216
대여금
Text

1. The Defendant’s KRW 38,135,068 and KRW 37,000 among the Plaintiff’s KRW 5% per annum from October 21, 2014 to February 5, 2015.

Reasons

1. In addition to the description of the cause of the claim as stated in the attached Form indicating the cause of the claim (Provided, That it shall be corrected to claim payment of the total amount of the principal and interest accrued until October 20, 2014 and the total amount of KRW 38,135,068, and 37,000,000,00, which is the day following the date of calculating the last damages for delay, 5% per annum prescribed by the Civil Act from October 21, 2014 to the date of delivery of the complaint, and damages for delay calculated at the rate of 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc.

2. The damages for delay calculated by the rate of 5% per annum from January 1, 2011 to October 20, 2014, as to the principal amount of KRW 37,000,000 related to paragraph (a) of Article 2, as the cause of dismissal of the claim, is apparent in calculating that the damages for delay calculated by the rate of 7,035,068 won (=37,00,000 x 5% x 5% x (3293/365), x less than KRW 3293/365) as the cause of dismissal of the claim, and thus, the portion of the claim corresponding to the difference between the damages for delay, 7,090,000 won claimed by the plaintiff,

3. Judgment by publication: Article 208 (3) 3 of the Civil Procedure Act.

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