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(영문) 서울중앙지방법원 2014.09.18 2013가단342460
선수령 계금반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 43,433,00 and 20% per annum from May 21, 2014 to the date of full payment.

Reasons

The Defendants, as married couple, operate a wholesale and retail business with the trade name of “D”. The fact that the Plaintiff joined two successful bidders operated by the Plaintiff (hereinafter “instant successful bidders”); the instant successful bidders paid KRW 2 million per unit to the Gyeyang on July 20, 2013 to May 20, 2014; there is no dispute between the parties that the Defendants did not pay the total amount of KRW 44 million from July 20, 2013 to May 20, 2014.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 43,433,00 and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 21, 2014 to the date of full payment, which is subsequent to the date of service of a copy of the complaint, pursuant to the Plaintiff’s claim.

Therefore, the plaintiff's claim against the defendants of this case is justified and accepted.

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