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(영문) 서울중앙지방법원 2017.03.14 2016가단148348
건물명도 등
Text

1. Defendant A shall deliver to Defendant B the real estate indicated in the attached Form No.

2. Defendant B is from Defendant A.

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. The Plaintiff shall claim against Defendant B for the payment of KRW 54,905,446 of the lease deposit at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day following the delivery date of the real estate indicated in the separate sheet to the day of full payment.

On the other hand, a lawsuit seeking the payment of KRW 54,905,446 out of the above lease deposit is seeking future performance, and the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is not applicable to the damages for delay (proviso of Article 3(1) of the above Act). Accordingly, the damages for delay is citing the portion of damages for delay at the rate of 5% per annum as prescribed by the Civil Act, and the damages for delay in excess is dismissed

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