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(영문) 의정부지방법원 2014.10.07 2014가합2898
보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 20% per annum from September 27, 2014 to the date of full payment.

Reasons

1. Indication of claim;

A. On April 12, 2010, the Defendant concluded a sales contract with the content that he sells 9,917 square meters (hereinafter “instant land”) out of 6,000,000,000 of the purchase price to 3,000,000,000 of the 3,000,000 forest land and 6,000,000 forest land owned by C, Yco Co., Ltd., Ltd., and the Defendant (hereinafter “instant sales contract”).

B. The Plaintiff Company agreed to receive 300,000,000 won (i.e., 100,000 won x 3,000 square meters) from the Defendant when the sales contract for the instant land was concluded and implemented between the Defendant, C, and Bosco Co., Ltd.

C. C and Bosco Co., Ltd. paid the Defendant the down payment of KRW 1,200,000,000 on the date of the instant contract pursuant to the instant sales contract, however, there was a dispute over the instant land, such as litigation, which eventually led to the purchase of part of the instant land (1,500 square meters).

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 150,000 (i.e., KRW 100,000 per square year x 1,500 per square year) and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 27, 2014 to the day of full payment, which is the day following the day of serving the copy of the application for the purport of the instant claim and the cause of the amendment.

2. Article 208 (3) 3 of the Civil Procedure Act of the applicable Act;

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