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(영문) 서울북부지방법원 2019.12.13 2019가단136499

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 2,00,000 and as regards it,

Reasons

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

2. Judgment by public notice on the basis of recognition (Article 208 (3) 3 of the Civil Procedure Act);

3. Part 3 of the dismissal

A. The plaintiff asserts that 2,00,000 won in arrears should be paid at the rate of 12% per annum from the delivery date of the copy of the complaint of this case to the day of full payment.

B. First of all, the obligation to pay the rent is due, if there is a date fixed for the payment, and the obligation and its subsequent delay liability are incurred from the date following the date of the payment, and only when the obligation is deducted from the deposit, and thus, the obligation and its delay liability are extinguished. Thus, the occurrence of the obligation to pay the rent in arrears is not the market price of the termination of the lease, unless there are other special

(see, i.e., Supreme Court Decision 2009Da39233, Feb. 27, 2014). In a lawsuit seeking monetary payment, where the first instance court accepted only a part of the Plaintiff’s claim and dismissed the remainder of the claim, barring any special circumstance, the Defendant, barring any special circumstance, shall not be subject to the statutory interest rate under Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc., until the judgment of the first instance is rendered.

(see, e.g., Supreme Court Decision 99Da20155, Feb. 25, 2000). The part that exceeds the cited part within the scope sought by the Plaintiff in accordance with such legal doctrine is dismissed.