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(영문) 의정부지방법원 2018.01.11 2017가단23028
동산인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver each movable set out in the separate sheet;

B. As to each of the above movables:

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. Part of rejection: The plaintiff also claims the subject of compulsory execution against each movable listed in the separate sheet against the time of impossibility, and also claims damages for delay calculated at the rate of the Special Act on the Promotion, etc. of Legal Proceedings from the day following the delivery date of the copy of the complaint of this case until the day of complete payment. However, since the subject claim is limited to the scope of delivery for each movable listed in the separate sheet, the damages for delay can not be imposed only on the subject claim in this case, and since the subject claim is a lawsuit for future performance against the impossibility of execution, the interest rate stipulated in the Special Act on the Promotion, etc. of Legal Proceedings cannot be applied. Since the subject claim is a lawsuit for future performance against the impossibility of execution, it cannot be deemed that there is a delay of performance, and the time of future delay delay can not be specified, the above damages for delay cannot be dismissed as

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