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(영문) 서울서부지방법원 2020.04.21 2019가단14632
물품인도
Text

1. The defendant

(a) deliver the goods listed in the separate sheet;

(b) if any;

the delivery of the entry into this subsection.

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. Partial dismissal: The plaintiff claims for damages for delay calculated at the rate of 12% per annum from the day after the delivery of a copy of the complaint to the day of complete payment while compulsory execution is being filed. However, since the subject claim is a lawsuit for future performance in preparation for the impossibility of execution in the future, the interest rate prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings cannot be applied (proviso of Article 3(1) of the aforementioned Act), and it is difficult to view that the claim for damages for delay in the future can not be clearly specified and thus it is allowed to claim in advance

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