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(영문) 인천지방법원 부천지원 2018.11.29 2018가단117885
물품대금
Text

1. The Defendant: (a) KRW 105,00,000 for the Plaintiff and 5% per annum from September 6, 2018 to October 1, 2018; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a seller who created and sold a electric source housing complex in Yangyang-gun, Gyeonggi-do.

B. On July 12, 2017, the Plaintiff entered into a sales contract on one unit of electric power resource housing between the Defendant and paid KRW 143,00,000 to the Defendant.

C. The Plaintiff and the Defendant agreed to cancel the sales contract on April 20, 2018, and agreed to return KRW 143,000,000, which the Defendant received from the Plaintiff, to the Plaintiff by July 31, 2018.

On August 13, 2018, the Defendant failed to implement a refund agreement, and the sum of KRW 108,700,000 for unpaid purchase-price and interest for delay 6,300,000 for this, and KRW 115,00,000 for the Plaintiff shall be paid to the Plaintiff, and the Defendant shall promptly pay KRW 10,000 for the remainder of KRW 105,00,000,000 for the interest for delay, and written a statement of performance that shall be paid by September 5, 2018.

[Reasons for Recognition] Each entry of Gap's evidence 1 to 5, the purport of the whole pleadings

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 105,00,000,000 and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from September 6, 2018 to October 1, 2018, which is clear that it is the delivery date of the application for modification of the purport of the instant claim and the cause of the instant claim, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

3. The plaintiff's claim of this case is accepted on the ground of the reasons.

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