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(영문) 대구지방법원경주지원 2016.08.16 2016가단10585

매매대금반환

Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from May 20, 2015 to July 9, 2016 to the Plaintiff.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act:

3. Some of the rejection parts of the Civil Code Article 548(2) provides that interest shall be added from the date of receipt of the money that is to be returned upon the fulfillment of the duty of restoration due to the cancellation of the contract. The repayment of the above interest falls within the scope of the duty of restoration, and it does not constitute damages arising from the delay in the repayment of the duty of restoration. Article 3(1) of the Special Act on the Promotion, etc. of Legal Proceedings provides special provisions concerning the statutory interest rate which serves as the basis for calculating the amount of damages due to the default of the obligation in the case of a judgment ordering the performance of the obligation in whole or in part. Thus, the above interest cannot be applied to the interest rate under Article 3(1) of the Special Act on the Promotion, etc. of Legal Proceedings (see Supreme Court Decision 200Da16275, 16282, Jun. 23, 200). In case where a lawsuit seeking the return of money due to the performance of the duty of restoration is filed, the obligor is liable for the repayment of money due to the obligation.

(See Supreme Court Decision 2001Da76298 Decided July 22, 2003). Under the foregoing legal doctrine, the Plaintiff’s claim for damages for delay by 15% per annum from May 20, 2015 to the date of delivery of a duplicate of the complaint is dismissed.