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(영문) 대전지방법원 2016.04.12 2015나9446 (1)
기타(금전)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs 1 through 6, the Defendant: (a) requested C to produce D on July 16, 2010 between D and D; (b) D to deliver products produced to C; (c) D to deposit KRW 70 million as contract deposit; and (d) concluded a contract for production and supply (hereinafter “instant contract”); (b) the instant contract was concluded in the name of E, the Plaintiff’s wife; (c) the actual payment of the contract deposit was made through the account under the name of E, but the actual transfer of the deposit was 30,000,000 won to the Plaintiff; and (d) the Defendant was required to return KRW 300,000,000,0000,000,000 won, including KRW 201,000,0000,000,0000,000 won to the Plaintiff on August 7, 2010.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the above agreed amount of KRW 20 million and the damages for delay calculated at the rate of 20% per annum from September 26, 2014 to the day of full payment, which is the day following the day of receiving the original copy of the payment order of this case.

The defendant is from F the deposit money under the contract of this case.

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