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(영문) 서울서부지방법원 2016.10.13 2016나1100
계약금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

Reasons

Comprehensively taking account of the purport of the entire pleadings as to Gap evidence Nos. 1, 2, and 5, it is recognized that the defendant agreed to pay to the plaintiff the amount of KRW 13 million which he/she received from the plaintiff on February 19, 201, which was not returned, to the plaintiff during April and May of the same year, barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount of KRW 13,00,000 and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from June 1, 2011 until October 12, 2015, which is the date of delivery of the copy of the complaint of this case, from the next day to the date of complete payment.

In regard to this, the defendant asserts that the amount of loans equivalent to KRW 7,200,000 against the plaintiff should be offset on an equal amount with the above agreed amount claim. However, there is no evidence to prove that the defendant lent KRW 7,20,000 to the plaintiff. Therefore, the above argument is without merit without merit.

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance with the same conclusion is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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