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(영문) 인천지방법원 2017.10.13 2017가합52077
분양대금반환 청구
Text

1. The Defendant: (a) KRW 345,150,000 for the Plaintiff and 5% per annum from March 18, 2017 to June 29, 2017; and (b) June 30, 2017.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 2, and Article 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on deemed as private capital);

3. On April 23, 2015, the Plaintiff seek for the payment of damages for delay calculated at the rate of 15% per annum from the day following the delivery of the complaint to the day of complete payment as to KRW 345,150,000, which the Plaintiff paid to the Defendant, while taking over the rights and obligations under the sales contract for the instant building from the Defendant due to the cancellation or cancellation of the third party agreement between the Plaintiff, the Defendant, and C.

The statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings applies from the following day after the filing of a complaint seeking the performance of a monetary obligation or equivalent document was served on the debtor. The plaintiff asserted that the original completion was premised as if the plaintiff concluded a sales contract on the building of this case with the defendant and paid the purchase price to the defendant, and that the contract was cancelled by delivery of a written complaint, and that the plaintiff sought the return of the purchase price to the defendant as the sale price, and changed the cause of the claim to seek the return of the sale price due to the restitution due to the cancellation or cancellation of the contract through

Therefore, the damages for delay based on statutory interest rate of KRW 345,150,000, for which the Plaintiff seeks payment, is recognized from June 30, 2017 on the day following the day on which the preparatory document was served to the Defendant on June 26, 2017, and the excess damages for delay are dismissed.

(In conclusion, with respect to the Plaintiff’s damages for delay, KRW 345,150,00 as claimed by the Plaintiff, 5% per annum under the Civil Act from the day following the delivery of the complaint to June 29, 2017, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from June 30, 2017 to the day of full payment) shall be granted to the Plaintiff’s damages for delay.

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