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(영문) 대전지방법원 2020.09.09 2019가단137355

손해배상(기)

Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 72,50,000 and 5% per annum from November 18, 2019 to February 20, 2020.

Reasons

1. Determination as to the claim against Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. According to the overall purport of Gap evidence Nos. 1 through 8 (including the virtual number) and the whole pleadings as to the claim against defendant Eul, on November 11, 2019, the defendant Eul sold to the plaintiff a sale price of KRW 7,4190,00,000 for the purchase price plus the purchase price of Daejeon D apartment E, the purchase price of which is prohibited from resale of the sale right (A-1), through the introduction of the defendant Eul, at KRW 45,00,000,000,000 (A-4-1), the plaintiff paid a total of KRW 72,50,000,000 as the purchase price for the purchase price to the defendant Eul who was delegated with the comprehensive authority over the sale of the sale right by the defendant Eul or the defendant Eul. Since the defendant Eul discontinued contact and failed to perform the contract by the defendant Eul, the plaintiff can be acknowledged that the plaintiff notified the purchase price to the defendant Eul around November 19, 2019.

Thus, Defendant B is obligated to pay 5% per annum under the Civil Act from November 18, 2019 to the delivery date of a copy of the complaint, as sought by the Plaintiff, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment. Thus, the Plaintiff’s claim is accepted.