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(영문) 의정부지방법원고양지원 2019.08.14 2019가단4772
대여금
Text

1. The Defendant’s KRW 70,000,000 and its amount shall be 15% per annum from April 17, 2019 to May 31, 2019 to the Plaintiff.

Reasons

1. Indication of claim: The Plaintiff loaned KRW 240 million to the Defendant, and the Defendant claimed for the payment of KRW 70 million and the delayed payment as the Defendant paid KRW 170 million among them.

(c) Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. Partial dismissal: The provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (hereinafter “Promotion Act”) was promulgated on May 21, 2019 and enforced from June 1, 2019. Since the statutory interest rate under the Promotion Act was 12% per annum from June 1, 2019, it is recognized only as damages for delay calculated at the rate of 12% per annum from June 1, 2019, and the claim portion in excess is dismissed.

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