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(영문) 수원지방법원 2015.12.10 2015가단49176

보증금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from October 7, 2015 to the day of complete payment.

Reasons

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

2. Article 208 (3) 1 of the Civil Procedure Act (a judgment without holding any pleadings);

3. As to the damages for delay, the Plaintiff claimed for the payment of damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the delivery of a copy of the complaint of this case to the day of full payment. However, the statutory interest rate applicable after October 1, 2015 (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) of the main text of Article 3(1) of the amended Act on Special Cases concerning Expedition, etc. of Legal Proceedings provides that the statutory interest rate applicable after October 1, 2015 shall be 15 per annum. Thus, the Plaintiff’s claim for the payment of damages for delay with 20% per annum from October 7, 2015 to the day of full payment on the record of the copy of the complaint of this case is without merit.