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(영문) 대전지방법원 2020.07.08 2019나115554

분양금 반환금

Text

1. All appeals filed by the Plaintiff and Defendant C are dismissed.

2. The plaintiff's claim against the defendant B extended by this court.

Reasons

1. Basic facts

A. On July 3, 2017, the Plaintiff entered into a business agreement with the Defendants that “the Plaintiff was sold in lots from Defendant C in food in the amount of KRW 10 million and raised by Defendant B, and then sold the proceeds therefrom, and distributed the proceeds therefrom to the Plaintiff or Defendant C.”

(hereinafter “instant contract”). Around that time, the Plaintiff paid Defendant C KRW 2 million and sales price of KRW 10 million.

B. After that, the Plaintiff asserted that the Defendants did not perform their obligations under the instant contract and demanded the return of the above KRW 12 million to Defendant C, and the Defendant C, around August 27, 2017, prepared an agreement with the purport that “the KRW 2 million of the raising cost paid by the Plaintiff, from among the money paid by the Plaintiff, shall be returned to the Plaintiff by means of delivering the amount of the above amount, and the KRW 10 million shall be refunded to the Plaintiff until September 15, 2017.”

【Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings】

2. Determination as to the claim against Defendant C

A. According to the above facts of determination as to the cause of the claim, Defendant C is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from October 2, 2018 to May 31, 2019, as the Plaintiff seeks, from the date following the delivery date of the original copy of the instant payment order against the said Defendant, as the Plaintiff was made after the above KRW 10 million and the due date, barring special circumstances.

B. The judgment of Defendant C on the assertion of Defendant C is the reduction of the Plaintiff’s complaint in fraud unless the Plaintiff unilaterally prepares the content of the agreement (Evidence A 2) and does not sign it.