beta
(영문) 창원지방법원 2019.07.09 2019가단3991

임대료 등

Text

1. Defendant B’s KRW 41,620,00 and the Plaintiff’s annual rate of KRW 5% from May 1, 2018 to April 24, 2019.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 2 of the Civil Procedure Act that makes a judgment of deemed confession.

3. The Plaintiff shall claim against Defendant B the payment of damages for delay calculated at the rate of 15% per annum from the day immediately following the delivery date of a copy of the instant complaint to the day of full payment.

However, according to the main text of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019), the statutory interest rate under the main sentence of Article 3(1) of the said Act is 12% per annum. Article 2(2) of the Addenda provides that “The statutory interest rate for cases in which the first instance trial is pending in court at the time this Decree enters into force, and the legal interest rate for which the first instance trial has not been concluded, shall be governed by the previous provisions until May 31, 2019, and from June 1, 2019, the amended provisions of this Decree shall apply.”

Therefore, the part seeking the payment of damages for delay calculated by the rate exceeding 12% per annum after June 1, 2019 against Defendant B is dismissed as there is no reason.