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1. The Defendant amounting to KRW 50 million to the Plaintiff and the Plaintiff’s annual rate of 6% from August 26, 2017 to January 7, 2019.
Reasons
Facts of recognition
The Plaintiff entered into a lease agreement with the Defendant on the building located in Suwon-si C in Suwon-si on three occasions as follows.
On December 30, 2013: By December 1, 2016, KRW 50 million, KRW 2 million, KRW 1,300,000 per month, KRW 300,000 per month, KRW 300,000, KRW 5000,000 per month, KRW 250,000 per month, KRW 2,500,000 per month, KRW 250,000 per month, KRW 2.5,000,000, KRW 300,000 per month, KRW 300,000 per month, and KRW 1,000,000, KRW 300,000 per month, KRW 1,200,00, KRW 300,000 per month, and KRW 1,315,206, respectively, the Plaintiff paid the lease contract to the Defendant by December 1, 2016 (excluding the first lease).
On August 25, 2017, the Plaintiff removed from the leased object.
[Ground of recognition] According to the above fact-finding on the statement of evidence Nos. 2-1, 2, 3, and 3-1, 3-2, and the ground for the entire argument, the third lease contract terminated at the expiration of the period. Thus, the defendant is obligated to pay damages for delay calculated at a rate of 12% per annum from August 26, 2017, the day following the plaintiff's delivery date to January 7, 2019, the delivery date of a copy of the complaint of this case, 6% per annum under the Commercial Act, from the following day to May 31, 2019, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings until May 31, 2019, and 12% per annum from the next day to the day of full payment.
[The part on the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29768) is enforced on May 21, 2019, as amended and promulgated on June 1, 2019, and thus exceeds 12% per annum from June 1, 2019 to the date of full payment. The part on the Defendant’s assertion is rejected. The Defendant’s judgment on the Defendant’s assertion is the first instance of the Plaintiff.