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(영문) 서울서부지방법원 2015.10.30 2014가단258352

지연손해금 등

Text

1. The defendant shall pay 19,610,958 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On October 1, 2008, the Plaintiff, who was operated by the Defendant on the part of Seodaemun-gu Seoul, was in charge of the operation of the Dart in the amount of KRW 150 million, monthly rent of KRW 150 million, and KRW 1.5 million. The Plaintiff continued to use the business registration and transaction account in the name of the previous Defendant.

B. As the Plaintiff and the Defendant died on April 22, 2013, the Plaintiff and the Defendant concluded the said sub-lease contract on May 31, 2013, and the Defendant returned the deposit amount of KRW 50 million on the same day, and written a written statement to return the remainder KRW 100 million by November 30, 2013, and notarized.

On the same day, the defendant prepared and issued a promissory note No. 30 on November 30, 2013, the par value of KRW 100 million, the payee, the plaintiff, and the due date.

C. In a lawsuit claiming a loan against the Plaintiff and F, the Defendant sought the return of the remaining loan, which offsets the obligation to return KRW 100 million from the loan to the Plaintiff, etc., but the claim for the loan was not accepted and the judgment dismissing the claim became final and conclusive, the Defendant deposited the repayment of KRW 100 million on September 1, 2015.

Grounds for Recognition: Facts without dispute, Gap 1, Gap 3-1, Gap 2, Gap 5, Eul 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Defendant is obligated to pay damages for delay at a rate of 6% per annum, which is the commercial interest rate from December 1, 2013 to January 7, 2015, which is the day following the due date for repayment of KRW 100 million in the balance of the sub-lease deposit, and the damages for delay at a rate of 20% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to September 1, 2015. Accordingly, the Defendant asserts that the obligation to refund the above sub-lease deposit shall be subject to the interest rate of 5% per annum as general civil liability, and that the Defendant’s dispute is reasonable in light of the circumstances claiming a set-off in other cases. 2) In full view of the purport of the argument as set forth in Section A1, the Defendant shall set aside the existing Dtet.