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(영문) 광주지방법원 2020.07.22 2019가단534046
손해배상(기)
Text

1. Defendant C:

A. The Plaintiff A’s KRW 29,700,000 as well as 5% per annum from August 12, 2019 to July 22, 2020.

Reasons

The plaintiffs' claims for determination of claims against the defendant C: The reasons for the claims are as shown in the attached Form.

Article 208(3)3 of the Judgment by Publication (Article 208(3) of the Civil Procedure Act) (Article 208(3)3 of the Plaintiff’s Claim against Defendant C) seek payment of damages for delay calculated at the rate of 5% per annum from May 16, 2019 to August 11, 2019 with respect to Defendant C, and damages for delay calculated at the rate of 12% per annum from December 5, 2019 to the date of delivery of a copy of the complaint of this case from December 5, 2019 to the date of this decision. However, according to the evidence evidence No. 4, the Plaintiff agreed with Defendant C to refund the above KRW 29,70,000 from the date of the above recognition to August 11, 2019, the Plaintiff’s claim for damages for delay from May 16, 2019 to the date of delivery of the complaint of this case is without merit. Accordingly, the Plaintiff’s claim for payment of damages for delay from August 16, 2019.

On May 2019, Plaintiff A deposited KRW 29,700,000 in the Agricultural Cooperative Account in the name of Defendant D, designated by Defendant C, for the first time on May 16, 2019, the following reasons: (a) Plaintiff A heard from Defendant C that “I would have been employed as E and would have been retired from office on the end of May 2019; (b) would have to purchase FF car at a discount as an employee; and (c) on May 16, 2019, Plaintiff A deposited KRW 24,50,000 in the Agricultural Cooperative Account in the name of Defendant C, which was designated by Defendant C.

Plaintiff

A on May 15, 2019, sent two copies of his resident registration and one copy of his resident registration to Defendant D’s address by registered mail. On May 16, 2019, Defendant D’s wife received the above registered mail.

Plaintiff

A on August 1, 2019, upon receipt of a confirmation of the facts described below from Defendant C, and return the said KRW 29,700,000 by August 11, 2019.

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