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(영문) 대전지방법원공주지원 2020.10.22 2020가단21229
매매대금반환
Text

The defendant shall pay 42,00,000 won to the plaintiff and 12% per annum from May 5, 2020 to the day of complete payment.

Reasons

According to the purport of Gap evidence Nos. 1 through 37 and the whole pleadings, around February 12, 2020, the plaintiff entered into a sales contract with the defendant to be provided with the sum of KRW 18 million per 40,000,000 from the defendant around February 12, 202, and paid KRW 72,000 on the same day, and the defendant did not remain at all, and the plaintiff urged the plaintiff to return the above sales price. Thus, the defendant is obligated to pay damages for delay calculated at a rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 5, 202 to the date of complete payment as requested by the plaintiff.

In regard to this, the defendant did not conclude a sales contract between the plaintiff and the defendant for KF94 Mak, but agreed that the plaintiff and the defendant will invest the money and purchase the Mak. Since Mak was not supplied by the Mak seller, the defendant did not have any obligation to return the price. However, according to the above evidence, the plaintiff concluded a sales contract with the defendant for the supply of KF94 Mak for a total of 40,000 won per 18,000 won. Thus, the defendant's above assertion is rejected.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.

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