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(영문) 인천지방법원 2019.08.27 2018가합56182
손해배상(기)
Text

1. The defendant shall pay 340,000,000 won to the plaintiff and 20% per annum from September 2, 2008 to the day of complete payment.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 1 and the whole pleadings as to the cause of the claim, the plaintiff is obligated to pay the defendant the damages at the rate of 20% per annum from June 25, 2008 to the day of full payment, as follows: "The defendant shall pay the plaintiff 340,000,000 won and the amount equivalent to 20% per annum from June 25, 2008 to the day of full payment." Thus, barring any special circumstance, the defendant is obligated to pay the plaintiff the damages for delay calculated by the rate of 340,000 won per annum from June 25, 2008 to the day of full payment.

2. The defendant's defense: (a) the defendant repaid the amount of KRW 17,00,00 to the plaintiff as a product during the period from June 2005 to April 30, 2006; (b) the plaintiff collected KRW 12,70,000 from the defendant through C; and (c) the plaintiff collected KRW 30,00,000 from the defendant's claim for the refund of the deposit for the deposit for the D Apartment located in Incheon Si on May 17, 2010; (b) so, the defendant raised a defense that the defendant paid part of the original claim for the above deposit; and (c) the plaintiff collected the total amount of KRW 12,70,000 from the defendant through C through April 30, 2013, but there is no evidence to acknowledge the remainder of the claim.

On the other hand, the plaintiff asserts that the above KRW 12,70,000 should be appropriated for the repayment of the interest accrued from June 25, 2008 to September 1, 2008 with respect to the principal of the above bonds. Thus, since the order of appropriation to the principal is stipulated in Article 479 of the Civil Code, the payment of the principal shall be made in accordance with the above legal order unless otherwise agreed by the parties concerned. Thus, the payment of the principal of the above judgment shall be made in accordance with the above legal order unless otherwise agreed by the parties. The interest accrued from June 25, 2008 to September 1, 2008 from September 25, 2008 = 12,854,794 won = 340,000,000 x 0.2 x 69 days ± 365,000 points.

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