beta
(영문) 서울중앙지방법원 2016.03.23 2015나68859

수표금

Text

1. The Intervenor’s appeal is dismissed.

2. The costs of appeal are borne by the Intervenor joining the Defendant.

purport.

Reasons

1. Basic facts

A. On December 17, 2013, the Intervenor joining the Defendant (hereinafter “ Intervenor”) leased to the Plaintiff the 1st 49.5 square meters of the building on the land outside Seocho-gu Seoul Metropolitan Government (hereinafter “instant store”).

B. On June 18, 2015, the Intervenor received KRW 1.2 billion as down payment while selling the above building. By July 20, 2015, the Intervenor agreed with the buyer to receive the remainder KRW 6.3 billion, while delivering the instant store from the Plaintiff to the buyer.

C. On July 22, 2015, the Intervenor issued a cashier’s check (the check number C; hereinafter “the check of this case”) on a face value of KRW 60 million with the Defendant, and issued the check to the Plaintiff on July 24, 2015.

The plaintiff deposited this case's checks at the branch office of the new bank on the same day, but was rejected on the ground of the receipt of the accident report, and the plaintiff holds the this case's checks.

【Ground of recognition】 The fact that there is no dispute, Gap's 3, 5, Eul's 6, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by applying the statutory interest rate of 20% per annum from August 7, 2015 to September 30, 2015, where the former provisions on statutory interest rate of 3(1) (amended by Presidential Decree No. 26553, Sept. 25, 2015) concerning the instant check amount of KRW 60,000,000 and its duplicate from August 7, 2015, the day following the delivery of a copy of the instant complaint, to the Plaintiff.

B. The summary of the Intervenor’s assertion 1 is that the Plaintiff, taking advantage of the Intervenor’s imminent situation, demanded compensation of KRW 150 million and refused to deliver the instant store, and the Defendant has no choice but to be relieved of the payment of penalty.