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(영문) 서울동부지방법원 2019.12.12 2019가합111958

보증금반환

Text

1. The Defendant’s KRW 250,000,000 as well as 5% per annum from October 25, 2019 to October 31, 2019 to the Plaintiff.

Reasons

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

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

3. On October 24, 2019, the Plaintiff filed a claim for the payment of damages for delay calculated at the rate of 12% per annum from October 25, 2019, following the date on which the leased object was delivered to the Defendant. However, the statutory interest rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings applies from the day following the date on which the complaint demanding the performance of monetary obligations was served to the obligor. The filing date of the claim for the payment of the damages for delay and the filing date of the application for the change of the cause of the claim is apparent to be on November 1, 2019. As such, among the above claims for damages for delay, the portion exceeding the amount calculated at the rate of 5% per annum as stipulated in the Civil Act from October 25, 2019 to October 31, 2019, which is prior to the delivery date, is dismissed.