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(영문) 수원지방법원 2015.11.19 2013가합419
분양금 등
Text

1. As to the Plaintiff’s money indicated in the “claim Amount” column in the separate sheet of claim No. 2 and each of the said money.

Reasons

1. The facts of recognition are as shown in attached Form 3;

[Reasons for Recognition]

(a) Fact that there is no dispute over the defendant A, entry of Gap evidence 11-1 through 4, 113-6, 114-4, and purport of the whole pleadings;

B. Judgment by service by public notice of Defendant B, C, D, and E (Article 208(3)3, Article 194 of the Civil Procedure Act)

C. Defendant F, G, H, I, J, K, K, L, M, N, P, Q, Q, S, T, U,V, W, and X confession (Article 208(3)2 and Article 150 of the Civil Procedure Act)

2. Determination

A. According to the above facts of recognition, the Defendants are obligated to pay to the Plaintiff 20% annual amount of money stated in the “amount of claim” in the separate sheet of claim No. 2, and each of the above money, from the date indicated in the separate sheet of claim No. 2, to September 30, 2015, Article 3(1) of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings, Article 3(1) of the main text of Article 3(1) of the Addenda of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings (Presidential Decree No. 26553, Sept. 25, 2015) (amended by Presidential Decree No. 26553, Sept. 25, 2015) to the day following the date indicated in the separate sheet of claim No. 3(1) and 15% annual amount of money calculated from the day indicated in the separate sheet of claim No. 2 to the day of full payment.

B. The Plaintiff is obligated to pay damages for delay calculated at the rate of 20% per annum from the day following the delivery date of the application for modification of the claim and the cause of the claim to the day of full payment. However, Article 2(2) of the Addenda of the Special Cases to September 30, 2015, Article 2(2) of the Addenda to the Special Cases, Article 2(2) of the former Special Cases, and Article 3(1) of the Special Cases to the day of full payment, and Article 3(1) of the Special Cases to the day of full payment. Thus, the Plaintiff is obligated to pay damages for delay calculated at the rate of 15% per annum from the next day to the day of full payment.

3. Accordingly, the plaintiff's respective claims against the defendants of this case are justified within the scope of the above recognition, and each of the remaining claims is without merit.

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