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

3. The plaintiff, in some cases, filed a claim for the payment of damages for delay calculated at the rate of 12% per annum, which is the statutory interest rate of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the day following the completion of delivery of the apartment of this case with respect to the lease deposit, and did not specify the specific date. Thus, the lawsuit seeking the return of the lease deposit without delivery of the object of lease in simultaneous performance constitutes a lawsuit for future performance, and the legal interest rate of the same Act is excluded pursuant to the proviso of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. Thus, in recognizing damages for delay after the delivery of the object of lease deposit, the legal interest rate

Therefore, among the plaintiff's damages for delay, the part exceeding the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from the day following the completion of delivery of the apartment.