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(영문) 제주지방법원 2016.11.29 2016가단52240
부당이득금
Text

1. The defendant shall pay 58,400,000 won to the plaintiff and 15% per annum from April 21, 2016 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 3 (including various numbers), the plaintiff entered into a sales contract with the defendant to purchase 503 No. 185 million won of the sale price on July 22, 2015, and paid the defendant a total of KRW 74 million on July 22, 2015, and KRW 55 million on August 18, 2015, and the defendant did not request the plaintiff to return the sale price to the plaintiff within 170 million of the sale price, and the contract to renew the sale price after 100 million of the sale price after 200,000 won of the sale price after 170,000 won of the sale price after 200,000 won of the sale price after 10,000 won of the sale price after 20,000 won of the sale price after 30,000 won of the sale price after 20,000 won of the sale price.

According to the above facts, the above contract for renewal of sale in lots was null and void because it did not commence construction of an officetel until December 7, 2015 agreed upon by the defendant. Thus, the defendant calculated 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 21, 2016 to the date of full payment, which is the day following the day when the copy of the complaint in this case was delivered to the defendant, by deducting the amount of 23 million won already returned to the plaintiff (i.e., 74 million won x 10%) and the amount of 58.4 million won (i.e., 74 million won - 7.4 million won - 23 million won) from the day when the copy of the complaint in this case was delivered to the defendant as requested by the plaintiff.

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