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(영문) 대구지방법원서부지원 2017.08.31 2017가단4755
매매대금반환
Text

1. The Defendant amounting to KRW 10 million to the Plaintiff and the Plaintiff’s annual rate of 5% from March 13, 2017 to August 31, 2017.

Reasons

Defendant and C have made and made a written statement to the Plaintiff on August 21, 2012, stating that “the Plaintiff shall be liable for KRW 20 million deposited in D’s account,” and there is no dispute between the parties, and the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 10 million per annum as prescribed by the Civil Act from March 13, 2017 to August 31, 2017, which is the day following the delivery date of the original copy of the instant payment order, to the Plaintiff (i.e., KRW 20 million ± 20 million) and the amount of damages for delay calculated at the rate of KRW 15 percent per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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