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(영문) 대구지방법원서부지원 2017.08.16 2017가단3745
보증금반환
Text

1. The Defendant’s KRW 38,00,000 and the Plaintiff’s annual rate of KRW 5% from January 4, 2017 to April 19, 2017.

Reasons

The plaintiff is a person who runs the wholesale and retail business of recyclable products and the defendant is engaged in the business of manufacturing books. On January 16, 2016, the plaintiff supplied the whole amount of the sale from the defendant's place of business to the defendant on January 2, 2017, and the plaintiff agreed to pay 40 million won to the defendant on the day when the contract is terminated, and the plaintiff paid 40 million won to the defendant on the day when the contract is terminated, and the plaintiff paid 40 million won to the defendant at that time. After the contract period expires on January 2, 2017, the plaintiff requested the return of the deposit to the defendant on January 2, 2017, but the defendant requested the return of the deposit to the defendant, but the defendant did not pay 38 million won, which is part of the deposit, to the remaining 3.8 million won, without dispute between the parties or by considering the whole purport

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 38 million won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from January 4, 2017 to April 19, 2017, which is the delivery date of the complaint, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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