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(영문) 대구지방법원 2015.11.27 2015가단32155

건물명도

Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the separate sheet, the attached table 1, 2, 3, 4, 5, and 1.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

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

3. Details of calculation of the cited part and the part partially dismissed

(a) The calculation details of the cited amount are as shown in the annexed sheet;

B. The Plaintiff is claiming for the payment of damages for delay against the unpaid rent accrued from the day following the date of closing the argument in this case. However, since the maturity of the rent in this part has not yet arrived as of the date of closing the argument, there is no room for causing damages for delay.

Therefore, the plaintiff's claim for this part is without merit.

C. In addition, the Plaintiff is claiming damages for delay calculated at the rate of 20% per annum from the day following the day of service of a copy of the complaint of this case to the day of full payment with respect to the rent claim incurred until the day of closing the argument of this case.

The portion of the rent generated from the day immediately following the service date of the copy of the complaint to the day of the closing of argument is reasonable to impose damages for delay from the day immediately following the date of the closing of argument. As such, the part claiming damages for delay from the day immediately following the service date of the copy of the complaint of this case to the day

② Under Article 3(1) main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015; effective October 1, 2015); and Article 2(2) of the Addenda of the same Regulations, the interest rate prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, which applies after October 1, 2015, is 15% per annum, among the claims for delay damages, the portion exceeding the rate of 15% per annum after November 28, 2015, which is the day following the sentencing date of this judgment, is without merit.

③ In addition, considering the fact that part of the complaint is partially dismissed as seen in the above B, only the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from November 14, 2015 to November 27, 2015, the day following the delivery date of the duplicate of the complaint in this case, shall be recognized.