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(영문) 창원지방법원밀양지원 2015.07.10 2014가합825

계약금반환

Text

1. The defendant shall pay 160,000,000 won to the plaintiff and 20% per annum from May 28, 2015 to the day of complete payment.

Reasons

1. Indication of claim;

A. On October 26, 201, the Plaintiff decided to purchase eight construction machinery, such as mixing trucks, from the Defendant for KRW 120,000,000, and paid KRW 80,000 to the Defendant on the date of the contract deposit.

B. At the time of the above contract, the Defendant decided to deliver the said construction machinery to the Plaintiff by November 30, 201, and the Defendant agreed to compensate the Plaintiff for a double of the down payment if the Defendant violated the contract. The Defendant did not deliver the said construction machinery to the Plaintiff by the date determined by the above contract.

C. Therefore, the Defendant is obligated to pay to the Plaintiff 160,000,000 won (i.e., KRW 80,000,000 x 2) and damages for delay at the rate of 20% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 28, 2015 to the date of full payment after the delivery of the copy of the instant complaint.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).