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(영문) 서울동부지방법원 2015.09.02 2015가단107770

명도 및 추심금

Text

1. Defendant A shall order Defendant B, Defendant C, Defendant D, and Defendant E to order the buildings listed in the separate sheet.

2. Defendant B, and Defendant B.

Reasons

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

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

3. In a judgment bilateral contract as to the claim for damages for delay against Defendant B, Defendant C, Defendant D, and Defendant E where both obligations are jointly performed, even if one of the parties’ obligations becomes due, the other party’s obligations are not performed until the other party’s obligations are performed (see Supreme Court Decision 2002Da43370, Oct. 25, 2002). In this case, there is no assertion that the Defendant A provided or performed the performance for the explanation of the buildings indicated in the separate sheet to Defendant B, Defendant C, Defendant D, and Defendant E, as to the obligation to return the lease deposit in the simultaneous performance relationship, the obligation to return the lease deposit for which the name of the buildings listed in the separate sheet is also stipulated in the separate sheet cannot be said to be liable for delay.

Therefore, there is no reason for the Plaintiff’s claim for damages for delay against Defendant B, Defendant C, Defendant D, and Defendant E in excess of the rate of 5% per annum as stipulated in the Civil Act from the next day to the day of complete payment.