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(영문) 서울남부지방법원 2019.01.25 2018가단236689
양수금
Text

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

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

Reasons

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

2. Grounds for determination;

(a) Defendant C: Judgment by public notice (Articles 208(3)3 and 257 of the Civil Procedure Act);

(b) Defendant D: Judgment on deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act);

3. Part of dismissal in the claim against Defendant D

A. The Plaintiff claimed against Defendant D the amount of damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the day when the delivery of the instant real estate is completed to the day of full payment.

B. However, a lawsuit seeking the return of the lease deposit without delivery of a lease building in the simultaneous performance relation constitutes a lawsuit for future performance. Accordingly, the statutory interest rate under the proviso of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is excluded pursuant to the proviso of Article 3(1) of the same Act. Thus, the part exceeding the damages for delay calculated at the rate of 5% per annum from the day after the date when the delivery of the real estate in the

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