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(영문) 청주지방법원 제천지원 2018.10.10 2018가단1045

지연손해금

Text

1. The defendant shall have 5% per annum from September 16, 2006 to February 25, 2008 for the plaintiff 53,000,000 won and the next day.

Reasons

1. On 2006, the Plaintiff filed a lawsuit against the Defendant seeking the return of KRW 53,000,000,000 for the lease deposit and received a favorable judgment (Cheongju District Court Decision 2006Kadan6078). The above judgment did not contain any damages for delay.

On July 1, 2008, the plaintiff filed a lawsuit claiming damages for delay of the above lease deposit and received a favorable judgment. The above judgment became final and conclusive on July 1, 2008.

(Cheongju District Court Decision 2007Gadan5119). The defendant has not performed his obligation under the ruling of the Cheongju District Court Decision 2007Gadan5119 until now.

The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription pursuant to the above judgment.

Therefore, the defendant is obligated to pay to the plaintiff 53,00,000 won interest rateing to 5% per annum from September 16, 2006 to February 25, 2008 and 20% per annum from the next day to the day of full payment.

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