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(영문) 청주지방법원제천지원 2019.12.11 2018가단22622
보증금반환
Text

1. The Defendant’s KRW 85,00,000, and the annual rate of KRW 5% from October 12, 2017 to August 23, 2019, respectively, to the Plaintiff.

Reasons

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

(2) Article 208(3)3 of the Civil Procedure Act (amended by Service by Public Notice) shall apply to the apartment owned by the Defendant, which is the leased object.

3. Part 3 of the dismissal

A. The Plaintiff claimed damages for delay from October 1, 2017 for the lease deposit, but the Defendant’s obligation to return the lease deposit and the Plaintiff’s obligation to deliver the leased object are concurrently performed. Since the Plaintiff appears to have delivered the leased object to the Defendant on October 11, 2017, the part of the Plaintiff’s claim in excess of the above recognition scope is without merit.

B. The Plaintiff claimed damages for delay calculated at the rate of 15% per annum with respect to damages for delay from the day after the copy of the complaint of this case is served to the day of complete payment. However, the statutory interest rate of 12% per annum is amended by Presidential Decree No. 29768 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and the statutory interest rate of 12% per annum from June 1, 2019 is applied. Thus, the part of the Plaintiff’s claim of this part in excess of the above scope of recognition is without merit.

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