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(영문) 수원지방법원 2016. 7. 21. 선고 2015나44578(본소), 2015나44585(반소) 판결
[부당이득금·약정금][미간행]
Plaintiff (Counterclaim Defendant), appellant and appellee

[Judgment of the court below]

Defendant Counterclaim Plaintiff, Appellant and Appellant

Dasan Co., Ltd. (Law Firm Cheongju, Attorney Lee Ho-ho, Counsel for defendant-appellant)

Conclusion of Pleadings

June 2, 2016

The first instance judgment

Suwon District Court Decision 2014Da532015 Decided October 7, 2015

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim and the instant counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

1. Purport of claim

In the principal suit: The Defendant (hereinafter “Defendant”) primarily pays to the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) 20,205,58 won with interest of 20% per annum from the day following the day of delivery of the copy of the instant complaint to the day of complete payment.

Preliminaryly, it confirms that there is no obligation of the Plaintiff against the Defendant under the real estate consulting contract dated May 27, 2014 between the Plaintiff and the Defendant.

Counterclaim: The plaintiff shall pay to the defendant 60 million won with 5% interest per annum from September 19, 2014 to the service date of a duplicate of the counterclaim of this case, and 20% interest per annum from the next day to the day of complete payment.

2. Purport of appeal

Plaintiff: The part against Plaintiff in the first instance judgment shall be revoked.

First, the defendant shall pay to the plaintiff 20,205,58 won with 20% interest per annum from the day following the service date of a copy of the complaint of this case to the day of complete payment.

Preliminaryly, it confirms that there is no obligation of the Plaintiff against the Defendant under the real estate consulting contract dated May 27, 2014 between the Plaintiff and the Defendant.

The defendant's counterclaim is dismissed.

Defendant: The part against the Defendant ordering payment under the judgment of the first instance shall be revoked.

The Plaintiff shall pay to the Defendant 40,000,000 won with 5% interest per annum from September 19, 2014 to October 7, 2015, and 20% interest per annum from the next day to the day of full payment.

Reasons

1. Quotation of the first instance judgment

The facts alleged by the Plaintiff and the Defendant in the first instance trial are not significantly different from the allegations in the first instance trial, and the evidence submitted in the first instance trial is deemed legitimate in view of the fact-finding and judgment of the first instance court. Accordingly, the court’s reasoning for this case is the same as the reasoning of the judgment of the first instance, and thus, it is decided to accept it as it is in accordance with the main sentence of

2. Conclusion

Therefore, all appeals against the plaintiff's principal lawsuit and counterclaim of this case and the defendant's counterclaim of this case are dismissed. It is so decided as per Disposition.

Judges Lee Jong-sung (Presiding Judge)

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