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(영문) 대전지방법원 2015.05.13 2014가합7838
약정금
Text

1. The Defendant: (a) KRW 18.8 million to the Plaintiff; and (b) 5% per annum from December 5, 2014 to May 13, 2015 to the Plaintiff.

Reasons

In light of the fact that there is no dispute over the cause of the claim, and the purport of the entire pleadings in Gap evidence No. 2 added, the defendant: (1) had engaged in the trade name of C, D, and E from the mid-1960s to the mid-2011; (2) from around May 2012, the defendant was the seller of solid art works, stolen goods, etc. with the trade name of E from Daejeon Dong-gu, Daejeon-gu to the trade name of E; and (3) from around July 2, 2007 to September 23, 2009, the defendant was sentenced to imprisonment with labor for 30 million won by deceiving the plaintiff and selling them, and acquired the proceeds by deceptioning the plaintiff as the total amount of KRW 18.8 million; and (3) the defendant was sentenced to imprisonment with labor for 2014 to the Daejeon High Court for 200,000 won on October 31, 2014 to the end of 301.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the damages amounting to KRW 18.8 million based on the tort and the damages for delay calculated by the ratio of 20% per annum as stipulated in the Civil Act from December 5, 2014 to May 13, 2015, which is the date of the delivery of a copy of the complaint of this case, as sought by the plaintiff, to the plaintiff (the plaintiff reduced the claim of this case) from December 5, 2014, which is the day following the day of the delivery of a copy of the complaint of this case (the plaintiff reduced the claim of this case) and to the day of full payment from the next day to the day of the decision of this case.

The defendant alleged that the defendant sold paintings, etc. to the plaintiff from April 2, 2006 to November 2006, and did not sell them to the plaintiff from July 2, 2007 to September 23, 2009. Rather, the defendant argued to the effect that the remaining amount of the non-paid balance reaches approximately KRW 24 million. However, in full view of the whole facts shown in the arguments, the defendant argued to the effect that the remaining amount of the non-paid balance reaches approximately KRW 24 million. However, in full view of the whole facts shown in the arguments, the defendant's allegation was made from July 2, 2007 to September 23, 2009.

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