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(영문) 부산지방법원 서부지원 2021.02.26 2020가단117174
양수금
Text

Defendant B shall deliver to Defendant C the building listed in the attached list. Defendant C shall enter the attached list from Defendant B.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

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

3. A lawsuit seeking the payment of damages for delay of lease deposit when a building listed in the separate sheet, which has simultaneously dismissed part of the claim against Defendant C, is not delivered to Defendant C, is a lawsuit for future performance when Defendant B did not return lease deposit even after the delivery of the above building by Defendant C.

With respect to a future performance suit, it cannot claim payment of delayed damages calculated at an interest rate prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. Thus, the plaintiff's claim for delayed damages exceeding the annual interest rate of 5% under the Civil Act is dismissed as there is no ground (Article 3 (1) proviso of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, Article 251

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