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(영문) 대구지방법원 경주지원 2017.03.03 2016가합2789

사해행위취소

Text

1. It was concluded on March 15, 2016 between the Defendant and C with respect to real estate listed in the separate sheet No. 1,3.

Reasons

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

2. Judgment with no ground for recognition (Article 208 (3) 1, and Article 257 of the Civil Procedure Act);

3. On the basis of this decision, the Plaintiff seeking damages for delay calculated at the rate of 15% per annum from the day following the day when this decision became final and conclusive to the Defendant.

However, the claim for compensation for the value in a lawsuit seeking future performance is subject to the proviso of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, so the rate of damages for delay should be 5% per annum, which is a civil interest rate.

Therefore, the claim for damages for delay in excess is dismissed.