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(영문) 수원지방법원 2018.02.07 2017나64866
부당이득금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The fact of recognition that the defendant received KRW 75 million from the plaintiff on April 3, 2006, and again promises to receive KRW 17 million from the plaintiff [the amount of KRW 17 million (F), KRW 10 million from the Han Bank (G) 10 million, KRW 25 million from the Han Bank (H), and KRW 1,000,000 won from the Foreign Exchange Bank (I), KRW 21 million,000,000 won, KRW 1,000,000,000)] by the plaintiff on April 25, 2006, the defendant promised to transfer the registration name of KRW 50,00 to the plaintiff on April 25, 2006, but it did not implement the several commitments, and will take over the registration without the mold until June 9, 2006. If this date comes to this day, he will accept any legal measures.

On June 6, 2006, the defendant prepared and delivered each of the following contents to the plaintiff:

B. The Plaintiff, upon the delivery of the duplicate of the instant complaint, expressed to the Defendant that the Defendant had not fulfilled the agreement under the respective text of the instant complaint, the Plaintiff rescinded the agreement, and the duplicate was served to the Defendant on April 22, 2016.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. According to the above facts of recognition as to the claim of this case, since the agreement based on the letter of this case was lawfully rescinded by the delivery of the copy of the complaint of this case, barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount of 75 million won agreed upon upon the payment of the contract of this case and the damages for delay calculated at the rate of 15% per annum from April 23, 2016 to the day of complete payment, which is the day following the delivery of the copy of the complaint of this case sought by the plaintiff, as the repayment date of the contract of this case.

3. Judgment as to the defendant's assertion and counterclaim claim as to the principal claim

A. The summary of the argument: (a) The Defendant did not receive KRW 75 million from the Plaintiff as the real estate purchase price; and (b) did not enter into any sales contract with the Plaintiff.

The defendant only makes the plaintiff's request.

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