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(영문) 수원지방법원안산지원 2016.09.21 2016가단7593
오피스텔 구매분양사기금
Text

1. The Plaintiff:

A. Defendant B’s KRW 30,00,000 and for this, KRW 5% per annum from May 19, 2016 to September 21, 2016.

Reasons

1. The following facts are either in dispute between the Plaintiff and the Defendant, or in full view of the purport of the entire arguments, and there is no reflective evidence between the Plaintiff and the Defendant C, and the Defendant’s confession pursuant to Article 150 of the Civil Procedure Act.

On April 28, 2011, Defendant B entered into a contract with the Plaintiff to sell at least KRW 55,30,000,00 of the unit D-based D-based D-based D-based D-based D-based D-based D-based D-type 1-5,00. On June 7, 2011, Defendant B entered into a contract with the Plaintiff to sell at KRW 49,00,000,00,000.

B. In the process of each of the above contracts, Defendant C mediated this, and the Plaintiff paid 40,000 won to Defendant C as part of the above sales price, but Defendant C delivered only part of them to Defendant B.

C. Since each of the above contracts has not been concluded thereafter, each of May 21, 2015, Defendant B would pay 30 million won to the Plaintiff by July 30, 2015.

“Preparation and offer of a letter of payment was made, and Defendant C prepared and sent to the Plaintiff a letter of payment stating that “The Plaintiff will pay KRW 12.7 million up to July 31, 2015.”

2. According to the above facts of recognition, Defendant B shall pay to the Plaintiff the amount of KRW 3,00,000,000 and damages for delay calculated at the rate of 5% per annum under the Civil Act from May 19, 2016 to September 21, 2016, which is the day following the day on which the copy of the complaint of this case was served to the same Defendant as the day on which the copy of the complaint of this case was served to the same Defendant as the day when the contract was due, as sought by the Plaintiff, and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day of the above payment to the day of full payment. Defendant C shall be the day following the day on which the copy of the complaint of this case was served to the same Defendant as the day when the contract was due, as sought by the Plaintiff.

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