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(영문) 청주지방법원충주지원 2019.03.14 2018가합398
전세보증금반환
Text

1. The Defendant’s KRW 210,000,000 as well as 5% per annum from December 18, 2018 to January 13, 2019, respectively, to the Plaintiff.

Reasons

On March 13, 2017, the Plaintiff leased C detached Housing from the Defendant for the period of up to November 27, 2018, the lease deposit amount of up to KRW 200 million, the lease term of up to November 27, 2018. The Plaintiff is obligated to pay the Plaintiff damages for delay at an annual rate of 15% per annum as stipulated in the Civil Act from December 18, 2018 to the date of delivery of a copy of the complaint of this case from January 13, 2018 to the date of complete payment, since the transfer of the above house around December 17, 2018 is recognized pursuant to Article 257(1) of the Civil Procedure Act.

(Plaintiff filed a claim for the payment of damages for delay with 15% per annum from December 17, 2018 to the date of full payment. However, the due date for the repayment of the above lease deposit is the date the delivery is completed, and it is obvious that the rate of damages for delay under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is applied from the day after the delivery date of the copy of the complaint. Thus, Plaintiff’s claim is accepted within the scope of the above recognition.

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