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(영문) 대구지방법원상주지원 2014.07.09 2013가단4578

계약금 반환

Text

1. The Defendant’s KRW 25,906,40 for the Plaintiff and KRW 6% per annum from June 11, 2014 to July 9, 2014.

Reasons

1. Determination on the cause of the claim

A. According to the following circumstances: (a) the Plaintiff transferred KRW 31,00,000,000 to the account in the name of the Defendant on July 7, 2012, and KRW 31,000,000,000 to the account in the name of the Defendant; (b) the witness B gave testimony to the Defendant on July 10, 2012; (c) the witness B was merely a company brokerage, and the Defendant asked the Defendant to sell KRW 30,00,00,000 to the Plaintiff on July 7, 2012, and the purport of the entire pleadings; and (d) the Plaintiff received KRW 30,00 from the Defendant on July 10, 200; and (e) the Plaintiff did not provide the Defendant with the testimony during the period of KRW 30,000,00,000 to the Defendant; and (e) the Plaintiff did not provide the Defendant with the testimony during the period of KRW 30,000.

B. Furthermore, the Defendant recognized that it did not supply the Plaintiff with a apology, and the Plaintiff is supplied by the Defendant with a total of KRW 4,093,600 and KRW 86 boxes, which are the sum of KRW 5,093,600 (= KRW 1,000,000) and KRW 4,093,60,000, in spite of the instant apology supply contract. Accordingly, the Defendant appears to have supplied the Plaintiff with a apology equivalent to KRW 5,093,60 (= KRW 1,00,000, KRW 4,093,60). Accordingly, the purchase price to be returned to the Plaintiff by the Defendant is KRW 25,906,40 (= KRW 31,00,000 - KRW 5,093,60).

C. Therefore, barring any special circumstance, the Defendant’s aforementioned KRW 25,906,400 to the Plaintiff and the following day following the delivery of the purport of the instant claim and the application for modification of the cause of the claim, as sought by the Plaintiff.