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(영문) 수원지방법원안산지원 2020.03.27 2020가단60744

양수금

Text

1. The part of the Plaintiff’s claim for delay damages against Defendant C is dismissed.

2. Defendant B shall be attached to Defendant C.

Reasons

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

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. If a lawsuit for future performance with respect to a claim or conditional claim that may arise in the future, is lawful, the legal and de facto relationship, which serves as the basis of the occurrence of the claim, should exist at the time of closing of argument, and such status should be anticipated to continue, and the claim shall be

(see, e.g., Supreme Court Decisions 95Nu4902, 4919, Nov. 11, 1997; 2000Da37517, Jun. 14, 2002). The obligation to refund the lease deposit to the Plaintiff by Defendant C arrives after the date of the pronouncement of the instant judgment; even if the Plaintiff filed a lawsuit seeking the payment of future claim, the obligation to return the lease deposit to the Plaintiff becomes due date after the date of the pronouncement of the instant judgment; and even if the Plaintiff filed a lawsuit seeking the payment of future claim, it does not lead to the obligor’s delay in advance prior to the due date; and

The part of the Plaintiff’s claim for delay damages against Defendant C is unlawful and dismissed.