양수금
1. The part of the Plaintiff’s lawsuit against Defendant C on the claim for delay damages of KRW 10,000,000 shall be dismissed.
2. Defendant.
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);
3. The Plaintiff, which partially dismissed, seeks to pay damages for delay from the day following the delivery of the above building to Defendant C. This is to seek damages for delay on the lease deposit claim to be held by Defendant C after the simultaneous performance defense right of Defendant C was extinguished after Defendant C received the above building from Defendant B.
This is ultimately a lawsuit for future performance, and it is necessary to claim in advance a lawsuit for future performance.
However, there is no reason to deem that Defendant C cannot expect the voluntary performance even after the delivery of the above building from Defendant B. Thus, this part of the lawsuit is unlawful as there is no need to claim in advance.