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(영문) 수원지방법원성남지원 2019.05.17 2018가단240713
양수금
Text

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

2. The Defendant C is from Defendant B to paragraph 1.

Reasons

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

2. Articles 208(3)1 and 257(1) of the Civil Procedure Act, which hold a judgment without holding any pleadings.

3. The Plaintiff partially dismissed claims against Defendant C for payment of damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the day on which the delivery of real estate as stated in Paragraph (1) of this Article is completed to the day of full payment.

However, a lawsuit seeking the return of the lease deposit without delivery of the leased object in the simultaneous performance relation constitutes a lawsuit for future performance, and this 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 exceeding the damages for delay calculated at the rate of 5% per annum under the Civil Act out of the plaintiff's damages

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