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1. Of the instant lawsuit, it is reasonable to rent from December 4, 2020 to the completion date of delivery of the real estate indicated in the separate sheet.
Reasons
1. Indication of claims: It shall be as shown in attached Form; and
2. Judgment deemed a confession (Article 208(3)2, Article 150(3), and Article 150(1) of the Civil Procedure Act).
3. The Plaintiff seeking a payment of delayed damages for unjust gains equivalent to the rent from December 4, 2020 to the completion date of delivery of real estate listed in the separate sheet from December 4, 2020, which is the day following the closing date of the present pleading. The claim for this portion must be acknowledged as seeking a payment of delayed damages in addition to the amount of unjust gains equivalent to the rent accrued in the future after the closing date of the present pleading.
However, with respect to future gains, it shall be liable for delay upon the arrival of the due date. However, it is difficult to view that there is a claim for performance of future gains as of the date of the closure of pleadings in this case, and therefore, it is difficult to expect voluntary performance of damages for delay arising from future gains merely because it is unclear whether there is a delay in liability for the above unfair gains.
It is difficult to see this part of the delayed damages claim as it is not recognized in advance.
4. Part concerning partial dismissal
A. Even if the Plaintiff asserts that 8 million won out of the rent for two months and the part claiming delayed damages therefrom were to be claimed, the Plaintiff received advance payment of KRW 8 million out of the rent as the down payment from the Defendant. Therefore, the Plaintiff’s claim for delayed damages against the Plaintiff’s rent of KRW 8 million and its delayed damages are without merit.
B. From February 9, 2020 to December 3, 2020, the date of the conclusion of the pleading of this case, the part of the claim for delayed damages against the rent or unfair profit equivalent to the rent accrued from February 3, 2020, which was 8,322,600 won and the delayed damages for the above rent or the rent.