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(영문) 부산지방법원 2021.03.16 2020가단332049

손해배상(기)

Text

The defendant's KRW 59,00,000 and its relation to the plaintiff shall be 5% per annum from August 18, 2019 to March 16, 2021.

Reasons

1. Facts of recognition;

A. On October 16, 2018, the Defendant phoneed to the Plaintiff on October 16, 2018, and “The Vice-President working with the Cooperative shall pay the principal for the termination deposit prior to the maturity of the customer in advance to the customer, and shall maintain the deposit and receive the payment with the interest at maturity, and shall pay the interest of 10-14% per month along with the principal.

“.......”

B. However, the facts are all false cases for the termination of the deposit explained by the Defendant as described in the above A, and even if the Defendant received money from the Plaintiff, it did not have any intent and ability to fully repay the principal and interest promised, since it was planning to use it to repay non-co-investment or other obligations of the Defendant.

(c)

However, on October 16, 2018, the Plaintiff transferred total of KRW 20 million to the Defendant on August 16, 2018, KRW 5 million on August 1, 2019, KRW 10 million on August 6, 2019, KRW 14 million on August 13, 2019, KRW 9 million on August 14, 2019, KRW 9 million on August 14, 2019, and KRW 1 million on August 18, 2019.

[Ground for recognition] Unsatisfy, Gap evidence No. 1, Gap evidence No. 2, the purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, the defendant is obligated to pay to the plaintiff delayed damages calculated at the rate of 12% per annum under the Civil Act from August 18, 2019 to March 16, 2021, the day after the day when the plaintiff remitted money to the defendant from August 18, 2019, which is the day when the plaintiff delivered to the defendant.

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

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