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(영문) 서울중앙지방법원 2015.07.03 2014가단5201905

손해배상(기)

Text

1. Defendant (Appointed Party) B and Selection C jointly and severally with the Plaintiff from February 28, 2012.

Reasons

1. Comprehensively taking into account the purport of Gap evidence No. 1’s argument as to the cause of the claim, the defendant B (Appointed Party) arbitrarily uses the deposit principal of 250,000,000 won and deposit interest of 5,205,000 won collected at the Plaintiff’s attorney office on October 16, 2010 at his/her own discretion as delegated by the Plaintiff, and uses at his/her discretion 3,00,000 won and 2,00,000 won and 2,000,000 won and 2,00,000,000 won and 2,000,000,000 won and 2,000,0000,000 won and 2,000,000,000 won and 2,005,000,000 won and 2,000,000,000 won and 2,005,00.

Meanwhile, the Plaintiff received KRW 100,000,000 from B on February 27, 2012, and appropriated KRW 158,205,00 for repayment of KRW 37,969,000 among the interest in arrears calculated at the rate of 20% per annum during the period from October 16, 2010 to February 27, 2012.

Therefore, Defendant B and Appointed C jointly and severally have the obligation to pay to the Plaintiff the principal amounting to KRW 96,174,000 (=158,205,000 - 62,031,000) remaining after appropriation as above among the amounts under the instant agreement, and the damages for delay calculated at the rate of 20% per annum from February 28, 2012 to the date of full payment.

2. As to the Defendant (Appointed Party)’s assertion, the Defendant (Appointed Party) held that the Plaintiff’s wife D was the representative of the Plaintiff’s claim for the purchase price claim filed by the Seoul Central District Court No. 2008Gahap12144.