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(영문) 서울남부지방법원 2019.09.04 2019가단2562
건물명도 및 추심금청구
Text

1. Defendant C: (a) KRW 16,00,000 for the Plaintiff and 20% per annum from August 1, 2009 to September 30, 2015; and (b) October 1, 2015 for the Plaintiff.

Reasons

1. The plaintiff filed a loan lawsuit against the defendant C, Seoul Southern District Court 200Gaga692222, and won a favorable judgment on May 30, 200, and the plaintiff received a seizure and collection order as to the claim for the return of the lease deposit against the defendant C as of July 16, 2005 by the head of the Seoul Southern District Court 200Gaga6179.

The plaintiff filed a lawsuit against the defendants, such as the name map of the building and collection amount as stated in the attached Form No. 2008da100620, and the conciliation was established as stated in the attached Form No. 3 of February 3, 2009.

However, the Defendants did not perform their obligations under the above conciliation clause, and the Plaintiff filed the instant lawsuit on February 11, 2019 immediately before the lapse of 10 years from the date the conciliation was completed.

[Ground of recognition] Facts without dispute, Gap 1-1 to 3, the purport of the whole pleadings

2. According to the above facts of determination, as described in the conciliation clause, Defendant C is obligated to pay to the Plaintiff 16,00,000 won as well as 20% per annum from August 1, 2009 to September 30, 2015; 15% per annum from October 1, 2015 to May 31, 2019; and 12% per annum from June 1, 2019 to the date of full payment; Defendant C is obligated to pay to the Plaintiff delay damages calculated at the rate of 16,00,000 won per annum from August 1, 2009 to September 30, 2015 to the date of full payment; Defendant C is obligated to deliver Defendant D the real estate as stated in paragraph (1) to the Plaintiff; and Defendant D is also obligated to pay the Plaintiff delay damages calculated at the rate of 16,000,000 won per annum from the following day to the date of full payment.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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