logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.12.30 2014나34002
구상금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. The reasoning for the court's explanation concerning this case is as follows, with the exception that the letter "from 6th, 11th to 7th, 7th, and 8th, of the judgment of the court of first instance, is the same as the statement of the reasons for the judgment of the court of first instance, and therefore, it shall be cited in accordance with the main sentence of Article 4

2. The terms and conditions of the instant contract are null and void pursuant to Article 9 of the Regulation of Terms and Conditions Act, so the Plaintiff shall return the intermediate payment received by the Plaintiff plus interest thereon.

However, Article 2 (6) of the contract for the contract in this case provides that "A" shall be refunded to "B" in addition to the interest corresponding to 2.8% per annum on a one-year term deposit interest rate of the highest bank (based on the previous year on the contract date) at the market share of household funds from the date of receipt to the date of refund of the price already paid by "B" (in the case of paragraph (1) of this Article, the penalty shall be deducted)" ("A" refers to the plaintiff and "B" shall be the defendant), and the contract terms of this case shall not be paid when the contract is terminated due to the defendant's fault notwithstanding the above provision, and the contract terms of this case shall be deemed to be the special provision of the above paragraph (6) which provides the interest rate applicable to the cancellation of the contract, so long as the contract terms of this case becomes null and void, the contract terms of this case shall be paid at the rate of interest of 2.8% per annum as provided in Article 2 (6) of the contract in this case from the date of receipt to the intermediate payment received by the plaintiff, and the defendant's assertion shall not be accepted.

(2) Ultimately, the Defendant, except for the down payment received by the Plaintiff, shall also raise an interest on the down payment until the date of rescission of the contract.

arrow