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(영문) 부산지방법원 2020.09.22 2020가단8568
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a)on the second floor 238.35 cubic meters of the real estate listed in the separate sheet;

(b) 8,500,000;

Reasons

1. Indication of claims: as shown in attached Form “the cause of claims and the cause of corrected claims”

2. Judgment made by deemed confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act).

3. The Plaintiff shall claim damages for delay calculated at the rate of 12% per annum from the day following the delivery of a copy of the instant complaint to the day of complete payment, as to KRW 2,059,390.

However, since the Plaintiff extended the purport of this part of the claim through the application for modification of the purport of the claim and the cause of the claim on September 3, 2020, the Plaintiff is obligated to pay damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from June 17, 2020 to September 7, 2020, the delivery date of the duplicate of the complaint of this case, as requested by the Plaintiff, from June 17, 2020 to September 7, 2020, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.

Therefore, the claim for damages for delay in excess is dismissed.

However, the costs of lawsuit shall be borne by the defendant pursuant to Article 98 and the proviso of Article 101 of the Civil Procedure Act.

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