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(영문) 인천지방법원 2015.01.09 2014가합10935
계약금반환
Text

1. The Defendant’s KRW 114,450,00 for the Plaintiff and KRW 5% per annum from August 1, 2014 to October 21, 2014.

Reasons

1. Indication of claim;

A. On December 28, 2005, the Plaintiff entered into an agreement with the Defendant to the beauty room in Jung-gu Incheon, Jung-gu, Incheon, which was operated by the Defendant. The deposit amount of KRW 100,000,000 and the remainder payment date of January 27, 2006 set the contract period from January 27, 2006 to January 26, 2008.

B. The above contract was terminated on January 26, 2009 after the extension of the one-year period, and the Defendant agreed to pay KRW 1,00,000 per month until the time the deposit is returned, with interest on KRW 1,00,000 as the deposit money was difficult to meet.

C. However, the Defendant paid KRW 20,000,000 on July 20, 201, and KRW 20,000,000 on August 2, 2011, without returning the remainder of KRW 60,000,000 on May 2, 2009, and only the agreed interest amount was paid around KRW 1,00,000 on June 5, 2009, KRW 1,000 on June 5, 2009, KRW 1,000 on March 3, 2012, KRW 1,000,000 on April 20, 200, KRW 90 on May 90, 2012, KRW 30,000 on June 3, 200, KRW 1000 on June 20, 201; and KRW 90,00 on July 25, 2012;

Therefore, the remainder of the deposit and agreed interest to be paid by the Defendant to the Plaintiff by July 2014 shall be up to 114,450,000 won in total as follows. The above amount and damages for delay shall be claimed from August 1, 2014.

Interest accrued at KRW 60,000 (from May 12, 2009) 6,50,000 and interest accrued at KRW 12,000,000 (from January 1 to December 12, 2010) (interest accrued at KRW 12,00,000 (from January 1 to December 12, 201) and interest accrued at KRW 5,450,00 (from January 12, 2012) (interest accrued at KRW 11,50,000) and unpaid interest at KRW 11,50,00 (from January 12, 2013 to December 12, 2012) (interest accrued at KRW 7,00,000 and KRW 114,450,00).

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

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