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(영문) 수원지방법원 2016.02.18 2015가합66680

분양대금반환

Text

1. The Defendant shall make the money indicated in the “amount claimed” column in the attached Form 2 list to the Plaintiff (Appointed Party) and the Appointed Party.

Reasons

1. The description of the grounds for the claim shall be as shown in attached Form 3;

2. Judgment on deemed confessions by applicable provisions of Acts (Articles 208 (3) 2 and 150 of the Civil Procedure Act);

3. Part 3 of the dismissal

A. Although the Selection D claimed 418,50,000 won of the land price of 110 won purchased from E as the claimed amount, it is reasonable to seek damages for delay on the basis of the claim amount, barring any special circumstance. The damages for delay is reasonable to claim damages for delay based on the claim amount. According to the statement in the evidence No. 12, other buyers paid only the same or smaller amount as the land price, and only E paid more than KRW 473,580,00 of the agreed land price, which exceeds KRW 418,50,000,000. However, this circumstance alone is insufficient to recognize the claim of the Selection. Accordingly, this part of the claim by the Selection is dismissed as it is without merit.

B. The Plaintiffs seek payment of damages for delay calculated at the rate of 20% per annum from the day after the delivery of the complaint to the day of full payment. However, the Plaintiffs are obligated to pay damages for delay calculated at the rate of 15% per annum under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until September 30, 2015, the main text of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015) and Article 2(2) of the Addenda (amended by Presidential Decree No. 26553, Sept. 25, 2015) of the former Special Cases (amended by Presidential Decree No. 26553, Sep. 25, 2015). Thus, the Plaintiffs are obligated to pay damages for delay calculated at the rate of 15% per annum under Article 3(1) and the proviso to Article 101 of the Civil Procedure Act.