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(영문) 서울남부지방법원 2019.10.22 2019가단242698

양수금

Text

1. Defendant B shall deliver to Defendant C and D the real estate listed in the separate sheet.

2. Defendant C and D shall be from Defendant B.

Reasons

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

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

3. Part of the claim for damages for delay against Defendant C and D

A. The Plaintiff is claiming against the above Defendants for the payment of 3,00,000 won of lease deposit at the rate of 12% per annum from the day following the day when the delivery of real estate in the attached Table is completed to the day of complete payment.

B. However, a lawsuit seeking the return of the lease deposit without delivery of the object of lease in the simultaneous performance relation constitutes a lawsuit for future performance, and it is excluded from the application of statutory interest rate under the proviso of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings. Therefore, the part in excess of the damages for delay calculated at the rate of 5% per annum under the Civil Act among the plaintiff'