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(영문) 인천지방법원부천지원 2019.06.12 2019가단13089
매매대금반환
Text

1. The defendant shall pay 88,00,000 won to the plaintiff and 15% per annum from February 23, 2019 to the day of complete payment.

Reasons

1. The judgment on the cause of the claim and the defendant can be recognized as having no dispute over the facts stated in the separate sheet. Thus, the defendant is obligated to pay to the plaintiff damages for delay calculated by the ratio of 15% as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 23, 2019 to the date of delivery of a copy of the complaint of this case sought by the plaintiff, as the purchase price of 88,000,000 won corresponding to 5,000's 2.

2. On the judgment of the defendant's assertion, the defendant asserted that the plaintiff was awarded the above machinery in 46,000,000 won at the auction procedure for 5,000's 5,000 won. Since the damage suffered by the plaintiff is KRW 46,00,000, the plaintiff did not have a duty to pay for the portion exceeding 46,00,000 won.

On the other hand, the defendant is required to return the purchase price received from the plaintiff, and the prior defendant's dispute is without merit, because the plaintiff does not seek compensation for damages due to the impossibility of performance, but seeks restitution for the original state.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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