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(영문) 창원지방법원 마산지원 2018.11.15 2018가단103719
보관금 청구의소
Text

1. The Defendant shall pay to the Plaintiff KRW 37,00,000 and the interest rate of KRW 15% per annum from June 21, 2018 to the day of complete payment.

Reasons

Examining the purport of the entire argument in the statement No. 1 in addition to the statement of evidence No. 1, the Defendant, around August 2017, stating that “The Plaintiff will pay KRW 42,00,000 to the Plaintiff during the period from August 1, 2017 to January 30, 2018” as the title “cash custody certificate” and “the cash custody certificate of this case” is “the cash custody certificate of this case”.

(1) The Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the day on which the copy of the complaint of this case is served to the day on which the Plaintiff is served, and the Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from June 21, 2018 to the day on which the copy of the complaint of this case is served to the day on which the Plaintiff is served.

As to this, the defendant argued to the effect that the legal act of this case was revoked due to mistake and the plaintiff's coercion, but there is no evidence to prove that the defendant prepared the cash custody certificate of this case due to mistake and the plaintiff's coercion, and therefore, the above argument by the defendant cannot be accepted.

If so, the plaintiff's claim of this case is reasonable and acceptable.

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