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(영문) 부산지방법원 2016.06.14 2015가단236437
계약공탁금 반환청구 등의소
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 60,000,000 and to the full payment day from May 20, 2016.

Reasons

According to the overall purport of evidence Nos. 1 through 4, the Plaintiff entered into a contract with Defendant B Company on January 27, 2015 with the period from February 1, 2015 to December 31, 2016, and paid KRW 20 million to Defendant C, the representative director of Defendant B Company, around January 28, 2015, as well as KRW 50 million, around February 4, 2015; Defendant C, as the representative of Defendant B Company, was liable to the Plaintiff; Defendant C, as the representative, was closed on August 20, 2015, and thus, it is recognized that the contract cannot be maintained.

According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 50 million won and 10 million won total of the facility investment cost not returned to the plaintiff, and to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 20, 2016 to the date of full payment, which is the next day after the duplicate of the application for the amendment of the purport and cause of this case was served on the defendants.

The plaintiff's claim of this case is justified.

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