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(영문) 서울북부지방법원 2016.05.12 2015가단40675

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 21,50,000 and the interest rate of KRW 15% per annum from November 20, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On June 9, 2006, the defendant paid KRW 31.5 million to the council of occupants' representatives of Seo-gu Incheon apartment, the defendant entered into a market operation agreement with the council of occupants' representatives of Seo-gu, Incheon, with the contents that the defendant would operate the Albi City City within the above apartment complex from July 1, 2006 to June 30, 2007, and paid KRW 10 million down payment to the council of occupants' representatives on the same day.

B. On June 2006, the Plaintiff purchased the right to operate the market from the Defendant during the period from June 2006 to June 2006, and paid the above purchase price to the Defendant around that time.

Meanwhile, at the time of the above sales contract, the Plaintiff and the Defendant agreed to pay the remainder amount of KRW 20,150,000 to the council of occupants' representatives during the period of the above sales contract.

C. However, the defendant did not pay the balance of 21.5 million won to the above council of occupants' representatives, and the plaintiff could not operate the market until sunrise in the above apartment.

Accordingly, on November 2006, the Plaintiff paid the remainder amount of KRW 21.5 million to the above council of occupants' representatives instead of the Defendant, and operated the City Mayor by sunrise from the above apartment.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from November 20, 2015 to the date of full payment, which is the following day after the Plaintiff served on behalf of the Defendant a copy of the instant complaint on behalf of the Defendant, as requested by the Plaintiff, as the payment date, to the Defendant.

3. Conclusion, the plaintiff's claim is justified and acceptable.