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(영문) 부산지방법원 2020.07.16 2019가단332999
대여금
Text

1. The Defendant’s KRW 200,000,000 per annum for the Plaintiff and 6% per annum from September 28, 2010 to January 23, 2020.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

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

3. The Plaintiff’s partial dismissal portion is claimed against the Defendant, and the Plaintiff shall claim for payment of damages for delay calculated at the rate of 12% per annum from September 28, 2010 to the date of full payment, which is after November 20, 2008 (Evidence No. 9) and after September 28, 2010 to the date of full payment.

However, since damages for delay based on statutory interest rate under Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings are applied from the day following the date on which a written complaint demanding the performance of a monetary obligation or a document corresponding thereto is served on an obligor, the above loan amounting to KRW 200,00,000 shall not be accepted as part of the annual interest rate of 6% under the Commercial Act from September 28, 2010 until January 23, 2020, which is clearly recorded as the delivery date of a copy of the complaint of this case, and the damages for delay exceeding the annual interest rate of 12% from the following day to the date of full payment.

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