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(영문) 부산지방법원 2021.03.17 2021가단300520

임대차보증금

Text

1. The defendant's KRW 45,00,000 and about this, 5% per annum from June 25, 2020 to January 29, 2021 to the plaintiff.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208(3)1 and 257 of the Civil Procedure Act);

3. The part dismissing part of the Plaintiff claimed payment of delayed damages calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 25, 2020 to the date of full payment. However, according to Article 3(1) of the same Act, the damages for delayed damages calculated at the rate of 12% per annum under the same Act can be claimed as “from the day after the day when the complaint or other equivalent document was served on the obligor demanding the performance of the entire amount of damages” among the Plaintiff’s claims, the part claiming damages for delayed damages exceeding the rate of 5% per annum under the Civil Act from June 25, 2020 to January 29, 2021, which is the delivery date of the duplicate of the complaint of this case, is dismissed as it is without merit.

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