Text
1. The defendant shall be the plaintiff.
(a) deliver a total of 48.73 square meters of real estate listed in the separate sheet;
(b) 850,000 Won;
Reasons
1. Indication of claims: It shall be as shown in attached Form; and
2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).
3. The Plaintiff seeking payment of damages for delay calculated at the rate of 12% per annum from October 2, 2019, which is the day following the final payment date, for the 850,000 won in arrears. However, the statutory interest rate prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is applicable from the day following the day on which the written complaint seeking the performance of the monetary obligation or a document corresponding thereto was served on the obligor (Article 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings). In a lawsuit seeking monetary payment where the first instance court partly accepted the Plaintiff’s claim and dismissed the remainder of the claim, barring any special circumstance, the Defendant shall not be deemed to have disputed the existence or scope of the obligation until the first instance judgment is sentenced, and thus, the statutory interest rate as stipulated in Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall not apply to damages for delay on the cited amount until the first instance judgment is sentenced (see, e.g., Supreme Court Decision 2000Da55200).