1. Defendant B shall have a 4-story No. 60 square meters indicated in the separate sheet among the buildings indicated in the attached sheet to Defendant C.

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

(4) Article 208(3)1 and Article 257 of the Civil Procedure Act (amended by Act No. 1054, Jul. 10, 2019).

3. The Plaintiff partially dismissed the Plaintiff’s claim against Defendant C for the payment of damages for delay calculated at the rate of 12% per annum from the day following the delivery of the building from Defendant B to the day of full payment.

However, the main text of Article 3 of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings provides that statutory interest rates, which serve as the basis for calculating the amount of damages due to the nonperformance of monetary obligations, shall be governed by the interest rate prescribed by Presidential Decree within 40/100 per annum from the day following the day on which a complaint or other equivalent document was served on the obligor. The proviso provides that the said statutory interest rate shall not apply to a lawsuit claiming future performance under Article 251 of the Civil Procedure Act.

The Plaintiff’s claim for the amount equivalent to the above lease deposit against Defendant C constitutes a claim for future performance under Article 251 of the Civil Procedure Act, and thus, the statutory interest rate under the above Act is not applicable pursuant to the proviso to Article 3 of the Act on Special Cases Concerning the

Therefore, the part seeking the payment of damages for delay calculated by the Plaintiff exceeding 5% per annum against Defendant C is without merit, and it is dismissed.