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(영문) 대구지방법원경주지원 2015.11.24 2015가단2761
대여금 등
Text

1. The defendant shall pay to the plaintiff KRW 44,00,000 and KRW 3,000 among them, from October 13, 2001, KRW 3,000,000.

Reasons

1. The grounds for the claim shall be as specified in the attached Form stating the grounds for the claim;

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. Part concerning partial dismissal

A. Of the loan 44,00,000 won that the Plaintiff sought payment against the Defendant, the Plaintiff sought payment for delay from October 15, 2001 to December 4, 2001 as to KRW 5,000,000 based on the loan certificate from August 16, 2001, and from December 4, 2001, the Plaintiff sought payment for delay payment from March 4, 2002. However, according to the records, the following day of the above KRW 3,00,000 due date is October 16, 201, and the following day of the above KRW 5,00,000 due date is March 5, 202, each of the above repayment period is recognized only for delay payment damages from the next day of each of the above payment period, and it is dismissed.

As the provisions on statutory interest rates under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings are promulgated on September 25, 2015 and enforced on October 1, 2015, only damages for delay calculated at the rate of 15% per annum from October 31, 2015 to the day of full payment, which is the day following the delivery date of a copy of the complaint of this case, shall be recognized, and the excess portion shall be dismissed.

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