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(영문) 대전지방법원 2019.05.29 2019가합269
임대차보증금(시효연장)
Text

1. The Defendant’s KRW 228,00,000 and its amount shall be 20% per annum from June 6, 2009 to September 30, 2015 to the Plaintiff.

Reasons

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

(However, the creditor is the plaintiff and the debtor is the defendant) 2. Judgment without pleading (Article 208 (3) 1 and Article 257 of the Civil Procedure Act)

3. Reasons for partial dismissal: The Plaintiff sought payment of damages for delay at the rate of 20% per annum from June 6, 2009 to the date following the delivery date of the original payment order for the principal amount of KRW 228,00,000,000, which is the day of complete payment. Thus, the “Provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings”, which is the Enforcement Decree of the above Act, was wholly amended by Presidential Decree No. 26553 on September 25, 2015, and the above statutory interest rate was 15% per annum from October 1, 2015. According to Article 2(2) of the Addenda of the above Enforcement Decree, the legal interest rate for the instant case is 20% per annum, which is the interest rate under the previous provisions until September 30, 2015, and the Plaintiff’s damages for delay should be dismissed as it exceeds the annual interest rate.

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