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(영문) 부산지방법원동부지원 2019.09.18 2019가단3358
부당이득금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 30,100,143 as well as as the period from April 17, 2019 to September 18, 2019.

Reasons

On January 11, 2016, the Defendants jointly and severally guaranteed the payment obligations of KRW 31,072,923 and legal action costs of KRW 6,129,850 against the Plaintiff of the limited liability company and limited liability company E and F, and there is no dispute between the parties.

(1) The Defendants are jointly and severally liable to pay to the Plaintiff 30,100,143 won and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 17, 2019 to September 18, 2019, the delivery date of a copy of the complaint of this case, as sought by the Plaintiff, to the effect that the Plaintiff’s claim is accepted, but that the payment may be made in installments within one year thereafter, and that the Defendants did not appear on the first date for pleading. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount that the Plaintiff was paid part of the said amount, and as the Plaintiff seeks, 30,100,143 won, from the day following the delivery date of the copy of the complaint of this case to September 19, 2019, and 12% per annum from the next day to

[Plaintiff claimed 15% interest rate per annum from the day following the date of this judgment to the day of full payment. However, “Rules on Legal Interest Rate” (wholly amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019) of Article 3 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019) and Article 2 (2) of the Addenda of the same Act apply with 12% interest rate, which is the revised legal interest rate after June 1, 2019. Accordingly, the part in excess shall not be accepted. The Plaintiff’s claim against the Defendants shall be accepted within the scope of the above recognition with the reasons, and each of the remaining claims shall be dismissed as it is without merit

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