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(영문) 서울중앙지방법원 2018.10.18 2018가합539013
사해행위취소
Text

1. The sales contract concluded on June 24, 2015 between the Defendant and C with respect to each real estate listed in the separate sheet is 206,700.

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 part to which partial dismissal is dismissed is claimed for the payment of damages for delay calculated at the rate of 15% per annum from the day following the day when this judgment became final and conclusive to the day of full payment. However, the main text of Article 3(1) proviso of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings excludes the application of the case in which a lawsuit seeking future performance (Article 251 of the Civil Procedure Act). Since a claim for compensation for value in a fraudulent act lawsuit is sought for future performance and is subject to the above provision, the interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings cannot be applied.

Therefore, the plaintiff's claim for damages for delay exceeding 5% per annum under the Civil Code is rejected.

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