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(영문) 광주지방법원순천지원 2016.09.07 2016가단3052

전세보증금반환

Text

1. The defendant delivered KRW 40,000 to the plaintiff and KRW 3,404 to the plaintiff.

Reasons

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

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

3. Partial rejection of a claim for damages for delay: The Plaintiff claimed damages for delay at the rate of 15% per annum from the day following the delivery of a copy of the complaint, but the Plaintiff is in possession of the real estate of this case. Thus, the part concerning the claim for damages for delay prior to the delivery of the real estate of this case is without merit. Since the part concerning the claim after the delivery date is a lawsuit for future performance under Article 251 of the Civil Procedure Act, the interest rate under the Civil Procedure Act is not applicable (proviso of Article 3(1)), and the damages for delay is subject to the rate of 5% per annum under the Civil Act