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(영문) 서울남부지방법원 2018.12.07 2018가단236641
양수금
Text

1. Defendant B shall deliver to Defendant C the real estate listed in the separate sheet.

2. Defendant C is above Defendant B.

Reasons

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

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

3. The part dismissing part against Defendant C is claiming against Defendant C for the payment of damages for delay calculated at the rate of 15% per annum from the day after the day when the delivery of real estate as stated in Paragraph (1) of this Article is completed to the day of full payment, which is calculated by the rate of 6,00,000 won among the lease deposit.

However, a lawsuit seeking the return of the lease deposit without delivery of the leased object in the simultaneous performance relation constitutes a lawsuit for future performance, and this is excluded from the application of statutory interest rate under the proviso of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings. Therefore, the part exceeding the damages for delay calculated at the rate of 5% per annum under the Civil Act out of the plaintiff's damages

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