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(영문) 광주지방법원목포지원 2016.04.20 2015가단10088
양수금 등
Text

1. Defendant A shall deliver the buildings listed in attached Form 1 to Defendant KF real estate trust companies.

2. Defendant.

Reasons

1. The description of the claim is as shown in the Appendix 2 of the Claim

However, “Defendant 2” in attached Form 4(4)1 appears to be a clerical error in Defendant 1.

2. Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts.

3. Of the claims against the Defendant Company, the Plaintiff claimed against the Defendant Company for the payment of damages for delay calculated at the rate of 15% per annum from the day following the delivery of the instant building to the day of full payment. However, in relation to the lessee’s duty to return leased objects and the lessor’s duty to return the lease deposit, it cannot be deemed that the Defendant Company’s duty to return the deposit was delayed until the Defendant Company delivered the instant building from the Defendant A.

Therefore, the Plaintiff’s claim for damages for delay against the Defendant Company shall be accepted only within the limit of 5% per annum as stipulated in the Civil Act from the day after delivery of the building of this case to the day of complete payment.

(In accordance with the proviso of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, the interest rate of 15% per annum is not applied to a lawsuit for future performance provided for in Article 251 of the Civil Procedure Act.

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