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(영문) 대전지방법원 2016.01.14 2015가단26686
임대차보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 110,00,000 and the interest rate of KRW 15% per annum from November 16, 2015 to the date of full payment.

Reasons

1. A claim for refund of security deposit on the ground of termination of the lease due to the expiration of the lease agreement concluded on June 3, 201, between the Plaintiff (Lessee) and the Defendant (Lessee) on the Daejeon Seo-gu C apartment No. 110, 1107 (No. 1107)

2. Judgment with no basis (Articles 208 (3) 1 and 257 of the Civil Procedure Act).

3. Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that the statutory interest rate, which is the basis for calculating the amount of damages due to the default of monetary obligations, shall be set according to the interest rate prescribed by Presidential Decree within the limit of 40/100 per annum from the day immediately following the day on which a complaint seeking the performance of the monetary obligations or a document corresponding thereto is served on the obligor, as the Plaintiff claims for the payment of damages calculated at the rate of 20% per annum from the day after the delivery of the complaint to the day of complete payment.

Meanwhile, the main text of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015) provides that "the statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall be 15/100 per annum;" Article 1 of the Addenda provides that "this Decree shall enter into force on October 1, 2015," and Article 2 (1) of the Addenda provides that "Notwithstanding the amended provisions of this Decree, the case which is pending in the court as at the time this Decree enters into force and for which the first instance argument has been concluded, shall be governed by the previous provisions." Paragraph (2) provides that the statutory interest rate under the previous provisions shall be the rate until September 30, 2015, and the statutory interest rate under the amended provisions of this Decree shall be the date of October 1, 2015.

This case concerns 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.

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