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(영문) 대전지방법원천안지원 2015.09.09 2014가단108108

임대차보증금

Text

1. The Defendant’s KRW 70 million with respect to the Plaintiff and 5% per annum from August 21, 2014 to December 2, 2014, and the following.

Reasons

1. Indication of Claim: Claim for the return of lease deposit on the ground that “C, 305, which is the object of lease, commenced voluntarily auction, the lease contract was terminated before August 20, 2014, and the Plaintiff delivered the above 305 prior to the filing of the instant lawsuit.”

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. Part of dismissal: The time when the rate of delay damages prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is applicable is the day following the delivery of a duplicate of the complaint. Thus, the part which applied the rate of delay damages with 20% per annum exceeding 5% per annum prescribed by the Civil Act from August 21, 2014 to the delivery date of a duplicate