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(영문) 의정부지방법원 2019.11.13 2019가단124710
추심금
Text

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

2. Defendant B’s above paragraph 1.

Reasons

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

2. Applicable provisions;

(a) Claim against Defendant A: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

(b) Claim against Defendant B: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

3. The Plaintiff partially dismissed claims against Defendant B for the payment of the lease deposit at the rate of 5% per annum from May 22, 2019 to the delivery date of a copy of the complaint of this case, and damages for delay calculated at the rate of 12% per annum from the next day to the day of full payment. However, Defendant B is not liable for delay with respect to the obligation to return the lease deposit until the delivery execution of the real estate listed in the separate sheet (hereinafter “instant real estate”). As such, Defendant B is liable for delay from the day following the completion date of delivery of the instant real estate.

On the other hand, a lawsuit seeking the return of the lease deposit in the simultaneous performance relationship constitutes a lawsuit for future performance, and 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 is excluded. Thus, the interest rate under the proviso of Article 3 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings is not applied in case of recognizing damages for delay after the date of delivery of the real estate in the above lease deposit, and the interest rate of 5% per annum under the Civil Act shall be applied only in case of a claim for damages for delay by the plaintiff, and there is no ground for the part that exceeds the damages for delay calculated at the rate of 5% per annum under the

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