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(영문) 부산지방법원 2019.09.24 2019가단310166
임대차보증금
Text

1. As to Nonparty C, the Defendant paid KRW 38 million to the Plaintiff by July 31, 2020.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The Plaintiff is seeking payment of money calculated at the rate of 15% per annum from the day following the day of service of the duplicate of the complaint of this case.

However, as the provisions on statutory interest rate (Enforcement Decree) of the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter "Act") were promulgated on May 21, 2019 and enforced on June 1, 2019, the statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was 12% per annum from June 1, 2019, it is recognized only as damages for delay calculated at the rate of 12% per annum from the day after the date of delivery of the copy of the complaint, and the claim portion in excess is dismissed.

However, the defendant shall bear all the costs of lawsuit by applying the proviso of Article 101 of the Civil Procedure Act.

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