beta
(영문) 서울남부지방법원 2021.01.21 2020가합114871

보증금반환

Text

The Defendant’s delivery of KRW 219,00,00 to the Plaintiff and KRW 219,00 from the next day.

Reasons

1. The description of the cause of the claim as changed in Appendix 2; and

2. Article 208 (3) 3 of the Applicable Civil Procedure Act (Judgment by service of public notice);

3. The Plaintiff partially dismissed part of the Plaintiff claimed the return of the lease deposit of this case and the payment of delay damages calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the day following the Defendant’s delivery of the real estate of this case to the day of complete payment.

The part seeking the return of the lease deposit in the claim of this case is reasonable, but it is difficult to see that the special interest rate (12%) under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is applicable to the claim of this case for the payment in advance by the defendant in the future (the proviso to Article 3 (1) of the same Act) and the statutory interest rate (5% per annum) under the Civil Act are applied.

The plaintiff's claim is accepted only within the extent of the above recognition.

참조조문