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(영문) 의정부지방법원 2018.02.08 2017가단26331
동산인도 등
Text

1. The defendant shall be the plaintiff.

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

B. The above A.

each movable described in the subsection.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Legal provisions for the enemy: Articles 208 (3) 1 and 257 of the Civil Procedure Act.

3. Partial dismissal: The plaintiff also claims the subject of compulsory execution against each movable listed in the separate sheet for the time when it is impossible, and also claims damages for delay at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, 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 for the subject claim, the damages for delay can not be imposed only on the subject claim in this case where the claimant does not claim damages for delay. Further, since the subject claim is a lawsuit for future performance in preparation for the impossibility of execution, the interest rate stipulated in the Act on Special Cases concerning Promotion, etc. of Legal Proceedings cannot be applied. Thus, it cannot be deemed that there is a delay of performance at present, and since the time of delay delay in the future cannot be specified

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