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(영문) 서울남부지방법원 2017.11.23 2017가단207721
계금
Text

1. The Defendant shall pay to the Plaintiff KRW 115,20,000 and the interest rate of KRW 15% per annum from December 30, 2016 to the date of full payment.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in each statement of Gap evidence Nos. 1 through 5 (including various numbers) as to the cause of the claim, the defendant is obligated to pay to the plaintiff 15,200,000 won remaining after deducting the total of KRW 3.8 million for the last month of which the plaintiff himself/herself is 19,00,000 from the total of KRW 119,000 for the last month and KRW 3.8 million for the same, and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 30, 2016 to the day of full payment, as sought by the plaintiff.

2. As to the Defendant’s assertion, the Defendant alleged that the amount exceeding the amount is 102,188,00 won since the amount actually paid by the Plaintiff was 102,18,000 won. However, according to the aforementioned evidence, the Defendant’s share payment, the Plaintiff’s share payment of total amount of KRW 3.5 million per month, and the Plaintiff did not delay monthly share payment, and the Plaintiff’s share payment was the last sequence of the successful bid payment. Thus, as seen earlier, the Plaintiff’s share payment of KRW 19,00 (34 x monthly share payment of KRW 3.5 million) is 19 million. However, the Plaintiff’s share payment of the remainder after deducting the interest amount paid by the successful bid payment of KRW 3.5 million per month from the remainder of the successful bid payment of KRW 100,000,000,000,0000,000,000 won per month. Thus, the Plaintiff’s share payment of the remaining amount of KRW 1,00,0,00,0.

3. If so, the plaintiff - this conclusion.

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