beta
(영문) 부산지방법원 2020.01.09 2019가단333916

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet No. 1, the Attached Form No. 2(1), (2), (3), (4), and (1) shall each be indicated.

Reasons

1. Indication of claims: To be as shown in attached Form 3;

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

3. On September 30, 2019, the Plaintiff seeking against the Defendant payment for delay damages calculated by deducting KRW 10,000,000 from the aggregate of the overdue rent and the accrued water/electric utility rate of KRW 18,13,00,00 with respect to the lease agreement specified in attached Form 3 as the cause of the claim, from the total of KRW 18,13,000,000, the lease deposit amount of KRW 8,133,000 from October 1, 2019 to the date of full payment.

However, since damages for delay based on statutory interest rate under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings are applied from the day following the date on which a written complaint demanding the performance of a monetary obligation or a document corresponding thereto is served on an obligor, the above 8,13,000 won shall not be accepted as part of the amount exceeding 5% per annum under the Civil Act from October 1, 2019 to November 13, 2019, which is apparent in the record that it is the delivery date of a copy of the complaint of this case, and the damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings