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(영문) 의정부지방법원 2020.06.18 2019가단140972
양수금
Text

Defendant B shall deliver to Defendant C the real estate indicated in the attached Table 1 “Real Estate List.”

Defendant C is from Defendant B.

Reasons

1. The description of the claim is as shown in Appendix 2 of the Claim.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

3. Where both of the parties' obligations are jointly performed under a dismissed part bilateral contract, even if the due date for one of the parties' obligations arrives, the delay of performance is not liable until the other party's obligations are discharged. Thus, the interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings shall not apply to cases where damages for delay is recognized after the due date for delivery of a building which has simultaneous performance relationship.

(See Supreme Court Decision 2002Da43370 delivered on October 25, 2002). Accordingly, the part seeking damages for delay calculated at the rate of 12% per annum is rejected.

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