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(영문) 서울북부지방법원 2017.07.04 2017가단2646
임대차보증금 등
Text

1. The Defendant’s KRW 118,780,00 for the Plaintiff and KRW 20% per annum from January 6, 2007 to September 30, 2015.

Reasons

1. In full view of the purport of the entire pleadings as to Gap evidence Nos. 1 and 2, the same year, where the plaintiff filed a lawsuit against the defendant such as "the amount equivalent to the lease deposit agreed upon at the time of payment by the defendant to the plaintiff and the damages for delay thereof" with the indication of the claim, and filed a lawsuit such as the lease deposit, etc. against the Seoul Northern District Court 2006Gahap914, Seoul Northern District Court on March 26, 2006, and the written complaint was served on the defendant on March 15, 2007, and the defendant did not submit a written response.

4.10. Fact that the above judgment has become final and conclusive.

Therefore, the defendant is obligated to pay to the plaintiff 18,780,000 won with 20% interest per annum from January 6, 2007 to September 30, 2015 and 15% interest per annum from the next day to the day of full payment.

(1) The Plaintiff filed a claim for the payment of damages for delay calculated at a rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from January 6, 2007 to the date of full payment. However, according to the statutory interest rate provisions of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and Article 3(1) main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015; effective October 1, 2015), it is amended to pay damages for delay calculated at a rate of 15% per annum from October 1, 2015. Thus, the Plaintiff’s claim is without merit, and the remainder is dismissed as it is so decided as per Disposition.

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