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(영문) 부산지방법원 2018.06.27 2017가합2017

손해배상(기)

Text

1. The Defendant’s KRW 200,000,000 as well as annual 8% from December 31, 201 to September 27, 2017 to the Plaintiff.

Reasons

1. The plaintiff's assertion asserts that the plaintiff suffered property damage to the plaintiff as an illegal act of real estate transaction broker between the defendant and the defendant's husband, and that the defendant prepared a loan certificate that he would pay KRW 200 million to the plaintiff. The defendant asserts that the defendant is liable to compensate the plaintiff for damages due to the tort or is liable to pay the plaintiff the amount of KRW 200 million and damages for delay.

2. Comprehensively taking account of the overall purport of the pleadings in the statement No. 5 regarding the claim for return of the borrowed amount, the Defendant prepared a certificate of borrowing KRW 200 million from the Plaintiff on April 20, 201, setting the maturity period of KRW 8% per annum on December 30, 201, and the interest rate of KRW 8%.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 200 million and the damages for delay calculated at the rate of 8% per annum, which is the delayed interest rate, from December 31, 2011 to September 27, 2017, and 15% per annum, which is the date of delivery of a copy of the instant complaint from September 27, 2017, which is the day following the due date for which the Plaintiff seeks reimbursement.

(As long as accepting all of the claim for refund of rent, it is not determined separately as to the claim for damages due to a tort, which is a selective cause of claim). 3. Thus, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition.