logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.05.29 2019가단20692
임대차보증금반환
Text

1. The defendant's delivery of real estate stated in the separate sheet from the plaintiff at the same time shall be KRW 65,00,000 to the plaintiff.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Some dismissal parts of Articles 208(3)2 and 150(3) of the Civil Procedure Act of the applicable provisions of this Act claim for the payment of delay damages at the rate of 12% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the date following the date on which the real estate listed in the separate sheet was delivered to the Plaintiff. However, in the case of simultaneous performance relationship between the two parties in bilateral contract, even if one party's obligation is due, even if one party's obligation is due, the other party's obligation is not due until the other party's obligation is provided. Thus, it cannot be deemed that the Plaintiff performed, provided, or performed for the delivery of the real estate of this case to the Defendant by the date on which the closing date of the argument in this case, the Plaintiff cannot be deemed as liable for delay

Therefore, the interest rate stipulated in the main sentence of Article 3(1) proviso of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is not applied in recognizing damages for delay from the day after the date when the delivery of the pertinent real estate was completed (see, e.g., Supreme Court Decision 2002Da43370, Oct. 25, 2002). Thus, a partial claim exceeding 5% per annum stipulated in the Civil Act is rejected.

arrow