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(영문) 창원지방법원 2020.08.11 2020가단107783

임대차보증금

Text

1. The defendant shall receive the delivery of KRW 60,000,000 to the plaintiff as well as the real estate stated in the attached list.

Reasons

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

2. Judgment on deeming confessions based on the grounds (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

3. Some dismissed parts of the Plaintiff claim for damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the date of delivery of real estate listed in the separate sheet to the date of full payment. However, the proviso of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings applies to lawsuits claiming future performance by stipulating that “However, this shall not apply to cases falling under lawsuits under Article 251 of the Civil Procedure Act.” Thus, this part of the claim for damages for delay constitutes a future performance claim, and therefore, this part