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(영문) 서울동부지방법원 2019.08.27 2019가단119962
양수금
Text

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

2. The defendant C is entitled to set forth in paragraph 1.

Reasons

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

2. Articles 208(3)1 and 257(1) of the Civil Procedure Act, which hold a judgment without holding any pleadings.

3. Of the claim against Defendant C, the Plaintiff partly dismissed part of the claim filed against the Defendant C claimed payment of KRW 10,000,000 per annum of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the completion date of delivery of real estate to the day of full payment.

The lawsuit seeking the return of the lease deposit under the condition that the building in the simultaneous performance relationship is not delivered is an action 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 under the Civil Act from the day after the date of completion of delivery of the real estate

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