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(영문) 광주지방법원 2019.09.20 2019가단519290
대여금
Text

1. The Defendant is jointly and severally with limited liability companies C to KRW 33,00,000 and the Defendant’s payment thereof to the Plaintiff from September 1, 2016 to May 31, 2019.

Reasons

1. A cited part;

(a) Indication of claims: To be as shown in the reasons for the claims;

(However, the creditor's "debtor" is considered as the "defendant" and the payment order for limited liability company C is finalized.

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

2. The portion dismissed is that the Plaintiff claims damages for delay of 15% per annum with respect to unpaid principal from January 1, 2017 to the date of full payment. However, there is no proof that the parties agreed to pay damages for delay at 15% per annum, and thus, from January 1, 2017 to the date of delivery of the original copy of the instant payment order, the agreed interest rate of 7.22% per annum shall apply from January 1, 2017 to the date of delivery of the original copy of the instant payment order. It is reasonable to apply the statutory interest rate of 12% per annum pursuant to the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019; enforcement from June 1, 2019). Therefore, the part of the Plaintiff’s claim for damages for delay in excess thereof is dismissed

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