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(영문) 인천지방법원 2020.09.03 2020가단236953

양수금

Text

1. Defendant C shall deliver to Defendant D the real estate listed in the separate sheet.

2. Defendant D shall be attached to Defendant C.

Reasons

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

2. Grounds;

(a) Defendant C: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

(b) Defendant D: Judgment on deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act);

3. The part dismissing Defendant D’s partial dismissal of the Plaintiff claimed payment of damages for delay calculated at the rate of 12% per annum from the day following the day on which the delivery of real estate listed in the separate sheet against Defendant D is completed to the day of full payment. However, according to the proviso of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, in cases where a lawsuit seeking future performance is brought, the statutory interest rate stipulated in the aforementioned Act does not apply. Thus, the Plaintiff’s claim for damages for delay exceeding 5% per annum stipulated in the Civil Act