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(영문) 인천지방법원 2019.07.03 2019가단225933
양수금
Text

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

2. Defendant C shall list the attached list from Defendant B.

Reasons

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

2. Judgment made without holding any pleadings (Articles 257 (1) and 208 (3) 1 of the Civil Procedure Act);

3. The return of the deposit for partial termination of the lease does not incur any damages for delay for the deposit for the lease until the delivery date of the lease building, and the lawsuit seeking the return of the deposit for lease without delivery of the building for simultaneous performance constitutes a lawsuit for future performance. Accordingly, the application of statutory interest rate under the proviso of Article 3(1) of 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. Thus, the part of the Plaintiff’s claim for delay exceeds the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from the day following the delivery of the real

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