beta
Text
1. At the same time, the defendant delivered the attached real estate list from the plaintiff, and at the same time, KRW 190,000 to the plaintiff.
Reasons
1. Indication of claim;
(a) The reasons for the claim are as shown in the annex;
B. The Plaintiff partially dismissed the portion of the damages for delay is claiming for payment of damages for delay at the statutory rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day following the delivery of the above house to the day of full payment. However, in the instant case, there is no evidence to deem that the Plaintiff performed the obligation to deliver the instant real estate in the simultaneous performance relationship with the Defendant’s obligation to return the leased deposit, and there is no evidence to deem that the Plaintiff performed the obligation to return the instant real estate to the Defendant. Therefore,
Therefore, the Plaintiff’s claim for damages for delay is to seek damages for delay against the Defendant by fulfilling the condition that the Plaintiff will deliver the instant real estate to the Defendant, and constitutes a future performance lawsuit seeking the performance in advance.
However, the proviso of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings provides that the statutory interest rate prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall not apply in the case of a lawsuit for future performance under Article 251 of the Civil Procedure Act. Thus, in recognizing damages for delay after the date of delivery of the above real estate, the interest rate prescribed by the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is not applied, but the statutory interest rate of 5
Therefore, the plaintiff's claim for damages for delay against the lease deposit is justified only within the scope of seeking payment of the amount with the rate of 5% per annum under the Civil Code, and the remaining claims are without merit.
2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);