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(영문) 인천지방법원부천지원 2015.08.25 2015가단6762

손해배상

Text

The defendant shall pay 49,700,000 won to the plaintiff and 20% per annum from June 26, 2015 to the day of complete payment.

Reasons

During the period from December 30, 201 to August 6, 2014, the Defendant received KRW 49,700,000 from the Plaintiff as a deposit for the introduction of customers and the provision of credit to the customer. Nevertheless, the Defendant is liable to pay the Plaintiff damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 26, 2015, which is the day following the delivery date of the instant complaint sought by the Plaintiff, to the day of full payment.

In regard to this, the defendant paid 49,700,000 won as a deposit for marine damage and claimed that the execution of provisional seizure against real estate made by this court 2015Kadan670 was revoked. However, the deposit for marine damage by provisional seizure alone cannot be said to have the effect of repayment or the debtor's delayed performance. Thus, the above argument is without merit.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.