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1. The Defendant’s KRW 102,466,714 as well as 5% per annum from September 4, 2014 to October 24, 2014 to the Plaintiff.
Reasons
Description of Claim
On September 21, 2012, the Plaintiff entered into a contract to establish a right to lease on a deposit basis with the Defendant and the Defendant for the lease on a deposit basis, from September 21, 2012 to September 20, 2014, with respect to D Apartment Nos. 405, 104 (hereinafter “instant apartment”) on a parcel of land, other than Gangnam-gu Seoul, Seoul, and four parcels of land (hereinafter “instant apartment”). The registration was completed on the same day.
On November 5, 2013, with respect to the instant apartment, a voluntary auction commenced with the Defendant as the debtor. On September 3, 2014, the Plaintiff received dividends of KRW 697,533,286 at the said auction procedure.
(Seoul Central District Court E). The plaintiff is seeking payment of remaining 102,466,714 won (=80 million won - 697,533,286 won).
The Plaintiff seeking damages for delay at a rate of 20% per annum from the date following the date of distribution to the date of delivery of the copy of the complaint. However, damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings may accrue from the day following the delivery of the copy of the complaint to the Defendant. Thus, damages for delay at the civil interest rate of 5
Articles 208(3)1 and 257(1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment without a presentation of a written reply)