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(영문) 서울북부지방법원 2016.04.06 2015가합2847 (1)
선구매자금반환등
Text

1. The Defendant shall pay to the Plaintiff KRW 306,823,00 and the interest rate of KRW 15% per annum from February 4, 2016 to the date of complete payment.

Reasons

1. Indication of claim;

A. On December 26, 201, 201, Ma Newel Co., Ltd. (hereinafter “instant company”) concluded a contract with the Defendant for the purchase and repair of credit cards, etc., and paid KRW 253,00,000 to the Defendant as the purchase price, and KRW 76,164,000 to the Defendant upon entering into a maintenance and repair contract with the Defendant on July 29, 2013. The instant company rescinded each of the above contracts due to the Defendant’s nonperformance.

B. On August 6, 2014, the Defendant agreed to pay the instant company KRW 310,123,00 (the balance of KRW 57,123,00 out of the claim for the refund of the purchase-price refund amounting to KRW 253,00,000) in installments, but only paid KRW 3,300,000 on September 6, 2014, the Defendant did not pay the balance.

C. On December 9, 2014, the instant company was declared bankrupt by Suwon District Court 2014Hahap78, and the Plaintiff was appointed as the bankruptcy trustee.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder 306,823,000 won (310,123,000 won-3,300,000 won) and damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from February 4, 2016 to the date of full payment, as requested by the Plaintiff, after the Defendant received the Defendant’s claim for performance.

2. Grounds for judgment: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

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