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(영문) 서울남부지방법원 2018.10.16 2018가단236696
양수금
Text

1. Defendant A shall deliver to Defendant B, during the period of Ansan-si, C apartment, 702 Dong 1503.

2. Defendant B shall be from Defendant A.

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 the claim for damages for delay against Defendant B

A. The Plaintiff claimed against Defendant B for the payment of the lease deposit of KRW 10 million at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the day when the delivery of KRW 1503 as indicated in the Disposition to the day when the delivery is completed.

B. However, a lawsuit seeking the return of the lease deposit without delivery of the object of lease in the simultaneous performance relation constitutes a lawsuit for future performance, and it 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 in excess of the damages for delay calculated at the rate of 5% per annum under the Civil Act among the plaintiff'

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