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(영문) 서울남부지방법원 2020.07.07 2020가단224597
보증금반환
Text

1. The defendant's KRW 187,00,000 for the plaintiff and 5% per annum from April 1, 2020 to May 16, 2020 for the plaintiff.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. The Plaintiff seeking partial dismissal from April 1, 2020 to the date of full payment. However, 12% interest rate per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall accrue from the day after the delivery of a copy of the complaint to the obligor.

Therefore, the Defendant is obligated to pay damages for delay calculated at the rate of 5% per annum under the Civil Act from April 1, 2020 to May 16, 2020, and 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, as the Plaintiff’s delivery of a copy of the complaint of this case from April 1, 2020 to the day of delivery to the Defendant. Thus, the exceeding part is dismissed.

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