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(영문) 창원지방법원 통영지원 2021.03.04 2020가단16494

건물인도

Text

Defendant B delivers to Defendant C the building listed in the Appendix 1 attached hereto. Defendant C is listed in paragraph 1 from Defendant B.

Reasons

1. Indication of claims: To be as shown in Appendix 2; and

2. Applicable legal provisions: Articles 208 (3) 1 and 257 of the Civil Procedure Act (a judgment made without holding any pleadings);

3. The part dismissing part against Defendant C seeking the return of the lease deposit to Defendant C and the payment of delayed damages calculated at a rate of 12% per annum. However, according to the proviso of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, where a lawsuit seeking future performance is filed, the statutory interest rate prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings does not apply. Thus, the Plaintiff’s claim for delayed damages exceeding 5% per annum under the Civil Act

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