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(영문) 대전지방법원 공주지원 2018.10.11 2017가단1775
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from December 10, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff received a proposal as to whether the Defendant intended to sell approximately approximately KRW 270 of the Plaintiff’s own intention (hereinafter “the instant intention”) to C, and requested the Defendant to sell the instant intention to sell it.

B. On November 14, 2013, the Defendant, upon delivery from the Plaintiff, concluded a sales contract with the Plaintiff, to sell the instant intention in KRW 245 million and to receive the sales amount until December 29, 2013.

C. Around that time, the Defendant prepared and sent to the Plaintiff a certificate of storage that stores the instant Dog itself up to December 29, 2013.

The Defendant supplied the instant intention to C, but did not receive the purchase price, and C was sentenced to one year for the crime of fraud that “the Defendant received the purchase price from the Defendant without intention or ability to pay the purchase price,” by Seoul Western District Court Decision 2014Da2620 on June 24, 2015, and the appeal (Seoul Western District Court Decision 2015No100) was dismissed, and the said judgment became final and conclusive.

E. The Defendant filed a lawsuit against C to pay KRW 297,50,000 of the purchase price of the instant Dogs, etc. as Seoul Western District Court 2018Gahap404, and received a favorable judgment, and the said judgment became final and conclusive around that time.

F. The fact that the value of the Dog himself in this case is KRW 150 million does not conflict between the parties.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of recognition as to the Plaintiff’s claim, it is reasonable to view that the Defendant agreed to return the Plaintiff by December 29, 2013, in a case where the Plaintiff was delegated the sales of the instant Dog itself, but the said Dogdog itself cannot be sold.

However, until now, the defendant does not return the instant Do itself to the plaintiff, and the defendant does not return the instant Do itself to the plaintiff.

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