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(영문) 서울서부지방법원 2016.07.08 2015가단28602
계금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 18,187,500 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim on March 25, 2015.

Reasons

1. Summary of the parties’ assertion

A. On March 25, 2013, the Plaintiff’s summary of the Plaintiff’s assertion (the cause of the Plaintiff’s claim) is the Plaintiff’s 25-day fraternity consisting of the Defendant’s leading and 25 members (hereinafter “instant 25-day fraternity”).

2) From March 25, 2013 to March 25, 2015, the instant twenty-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-three-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five]-five-five-five ( one-five ( one-five)].

3) The Plaintiff paid the monthly payment to the Defendant up to 24 times of the 25th day of the instant 25th day. However, the Plaintiff did not pay the last part of the monthly payment (the Defendant’s intent not to grant the monthly payment was first avoided and did not pay the last part of the monthly payment.

(2) The Defendant is obligated to pay to the Plaintiff damages for delay from March 25, 2015 to the day of complete payment, which is the date of the last 25th day of the instant 25th day (i.e., the date when the Plaintiff was paid the fraternity), which is KRW 29.75 million (i.e., KRW 24.4 million) and the interest on KRW 5.75 million (i.e., KRW 5., KRW 28,187,500). (ii) The Defendant’s summary of the claim (i.e., the date when the Plaintiff was paid the fraternity)

(2) The Plaintiff did not pay the amount corresponding to the last 25th limit of the instant 25th limit of payment). (2) In addition to the instant 25th limit, the Plaintiff is collectively referred to as “the instant 26th limit of payment.”

(3) 10-day, 10-day, 10-day, hereinafter referred to as “10-day,”

Along with the receipt of the fraternity, the monthly payment of 19.3 million won in total for the 26th limit of this case, and 2,125 million won in total for the 10th limit of this case.

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