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(영문) 대구지방법원서부지원 2019.08.22 2019가단58107
양수금
Text

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

2. The Defendant C is from Defendant B the above paragraph 1.

Reasons

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

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. A lawsuit seeking the return of the lease deposit without delivery of a partial dismissed object constitutes a lawsuit for future performance. Since it cannot be said that Defendant C is responsible for the delay of performance, statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is not applicable (see Supreme Court Decision 2002Da43370, Oct. 25, 2002). Therefore, the part demanding payment exceeding the annual rate of 5% under the Civil Act out of the Plaintiff’s claim for delay damages is rejected.

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