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(영문) 창원지방법원진주지원 2020.11.27 2020가단38620
보증금반환
Text

The defendant shall deliver real estate stated in the attached list to the plaintiff at the same time, and the amount of KRW 160,000,000 shall also be paid to the plaintiff.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deemed as private capital);

3. The plaintiff's ground for dismissal of partial claim filed a claim for damages for delay calculated at the rate of 12% per annum, which is the statutory interest rate under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, while claiming damages for delay from the day after the date of delivery of the leased object to the lease deposit. However, the lawsuit claiming the return of the lease deposit without delivery of the leased object in the simultaneous performance relation constitutes a lawsuit for future performance. Since the statutory interest rate under the Act on Special Cases concerning Promotion, etc. of Legal Proceedings is excluded pursuant to the proviso of Article 3 (1) of the same Act, the statutory interest rate of 5% per annum under the Civil Act shall apply to cases where damages for delay is recognized after the date of delivery of the leased object. The plaintiff's damages for delay exceeds the damages for delay calculated at the rate of

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