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(영문) 서울남부지방법원 2018.10.12 2018가단237385

양수금

Text

1. Defendant A shall deliver to Defendant B the real estate listed in the separate sheet.

2. Defendant B shall be attached to Defendant A.

Reasons

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

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

3. Part of the claim against Defendant B which was partially dismissed

A. The Plaintiff claimed against Defendant B the amount of damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from the day after the date of completion of delivery of the instant real estate to the day of full payment.

B. However, since a lawsuit seeking the return of the lease deposit without delivery of a leased building in simultaneous performance relation constitutes a lawsuit for future performance, the legal interest rate under the proviso of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is excluded pursuant to the proviso of Article 3(1) of the same Act. Thus, the portion exceeding the damages for delay calculated at the rate of 5% per annum from the day after the date of delivery of the real estate of this case to