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(영문) 수원지방법원성남지원 2020.07.07 2020가합400614

보증금반환

Text

1. The defendant's delivery of real estate stated in the separate sheet from the plaintiff at the same time, and at the same time, KRW 430,000,000 to the plaintiff.

Reasons

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

2. The judgment by deeming the confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act) to be a confession (Article 208(3)2, and Article 150(3) of the Civil Procedure Act) was delivered with a duplicate of the complaint of this case and submitted only a formal reply. Since no subsequent preparation of a preparatory document with specific contents was presented at the

3. The plaintiff's partial dismissal claims for damages for delay calculated at the rate of 12% per annum, which is the statutory interest rate under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, while claiming damages for delay from the day after the delivery of the leased object to the lease deposit. However, a lawsuit claiming the return of the lease deposit without delivery of the leased object in the simultaneous performance relation constitutes a lawsuit for future performance. Since the statutory interest rate under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings is excluded pursuant to the proviso of Article 3 (1) of the same Act, the statutory interest rate of 5% per annum under the Civil Act shall apply to damages for delay after the delivery date of the leased object. The plaintiff's damages for delay exceeds the damages for delay calculated at the rate of 5% per annum under the Civil Act from