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(영문) 서울중앙지방법원 2019.10.02 2019가단5054043

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B’s KRW 100,000,000 and for this, KRW 15% per annum from April 6, 2019 to May 31, 2019.

Reasons

Facts of recognition

The facts alleged by the Plaintiff as the cause of the instant claim do not conflict between the parties, or can be acknowledged by considering the whole purport of the pleadings as a whole in each of the statements in Gap evidence Nos. 1 through 5 (including the number of branch numbers).

Judgment

According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff 10,000,000 won among the unpaid rent and damages for delay calculated at the rate of 15% per annum from April 6, 2019 to May 31, 2019, which is the day following the delivery of a copy of the complaint of this case, and 12% per annum from the day following the day of the delivery of the copy of the complaint of this case to May 31, 2019, and 20,000 won per annum from the day after the day of complete payment. Defendant C is obligated to pay damages for delay calculated at the rate of 15% per annum from the day following the delivery of a copy of the complaint of this case to May 31, 2019 to the day of complete payment.

The Plaintiff sought for the payment of damages for delay calculated at the rate of 15% per annum for the period after June 1, 2019. However, since 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 was amended by Presidential Decree No. 29678, Jun. 1, 2019, the statutory interest rate under the aforesaid Act was revised to 12% per annum, the Plaintiff’s claim for this part is rejected.

In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are without merit, and it is so dismissed as per Disposition.