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1. Defendant D shall pay the Plaintiff KRW 47,275,200 and the interest rate of KRW 12% per annum from January 12, 2019 to the date of full payment.
Reasons
1. Determination as to Plaintiff C’s claim against Defendant F
A. As to the cause of the claim, on November 9, 2010, Plaintiff C leased Defendant F with KRW 34,772,00, KRW 451,00, KRW 450, KRW 450, KRW 450, monthly rent, and KRW 10,00, KRW 451,00, KRW 450, and KRW 451,00, KRW 440, among the buildings of Jung-gu Seoul Metropolitan Government (hereinafter “instant commercial building”); on the same day, Defendant F was delivered the said H; the fact that Defendant F’s overdue rent on the period from September 20 to August 2018 reaches KRW 25,03,40, there is no dispute between the parties.
According to the above facts of recognition, Defendant F is obligated to pay to Plaintiff C the sum of the overdue rent of KRW 25,003,440 and damages for delay calculated at the rate of interest under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 26, 2018 to the date of full payment, i.e., 15% per annum from October 26, 2018 to May 31, 2019, and 12% per annum from the next day to the date of full payment.
[Plaintiff C claimed for the payment of damages for delay at the rate of 15% per annum under Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings even for the period after June 1, 2019, and the main sentence of Article 3(1) of the former Act on Special Cases concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019). However, pursuant to the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019), the statutory interest rate of Article 3(1) of the former Act on Special Cases concerning Expedition, etc. was changed to 12% per annum. Thus, there is no reason for Plaintiff C’s claim for damages for delay for the period after June 1, 2019, exceeding the annual interest rate of 12% of the amended statutory interest rate under the main sentence of Article 3(1).