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(영문) 수원지방법원성남지원 2015.10.28 2015가단20680
매매대금반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 150 million and the interest rate from September 27, 2015 to the date of full payment.

Reasons

According to the evidence Nos. 1 through 4, the entire purport of the pleading [Defendant B, Service by Publication (Defendant C), and Confession (Defendant D)], the facts in the annexed sheet are acknowledged.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 150 million based on the cash custody certificate as of February 11, 2015 and damages for delay calculated at the rate of 15% per annum as of September 27, 2015, which is the day following the last delivery date of the copy of the instant complaint, to the day of full payment.

(2) Defendant B submitted a written reply to the effect that the Plaintiff could not respond to the Plaintiff’s claim because the said cash custody certificate was merely to help the Plaintiff refund the said KRW 150 million from Defendant C to the Plaintiff. However, when considering the lower part of the said sales contract, Defendant B’s name and signature are stated that “all of the problems are due to Defendant B’s liability,” and the said cash custody certificate was affixed with Defendant B’s seal impression, and attached thereto stated “the certificate of the personal seal impression issued by Defendant B” as “the receipt of cash custody certificate.”

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