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(영문) 대구지방법원안동지원 2016.09.08 2016가합148
손해배상금등
Text

1. The defendant shall pay 231,00,000 won to the plaintiff and 20% per annum from August 23, 2006 to the day of complete payment.

Reasons

1. Indication of claim;

A. On December 16, 2005, the Defendant: (a) on the Plaintiff; (b) on the part of the Plaintiff, the fact that the Seoul Northernbuk-gu Seoul Northern-gu C’s ground-based detached house is larger than the market price of KRW 30 million; and (c) even if the right to move into the land is not recognized, the Defendant made a false statement that “If the Seoul Northern-gu C’s ground-based detached house is purchased in KRW 16 million, the right to move into the land within 2006; and (d) around that time, the Plaintiff received KRW 160 million from the Plaintiff

B. On January 26, 2006, the Defendant: (a) on the part of the Plaintiff, Geumcheon-gu Seoul Metropolitan Government, the market price of 103 non-dong 103 is over KRW 30 million; and (b) on February 20, 206, the Plaintiff received from the Plaintiff the intermediate payment of KRW 10 million as the down payment on January 26, 2006, and KRW 20 million as the intermediate payment of KRW 20 million on February 9, 2006, and KRW 115 million as the remainder of February 20, 206.

C. On April 17, 2006, the Plaintiff determined and lent KRW 40 million to the Defendant as one month after the due date.

Therefore, the Defendant is obligated to pay to the Plaintiff, ① KRW 76 million as compensation for damages caused by the above C-Housing-related tort (the amount of KRW 16 million as the market price of the building KRW 30 million), ② KRW 115 million as compensation for damages caused by the above D-Housing-related tort (the total amount of KRW 145 million as the market price of the building KRW 30 million), ③ the above loan amount of KRW 40 million as well as damages for delay on each of the above amounts.

E. On May 24, 2006, the Plaintiff filed an application with the Seoul Western District Court for a payment order against the Defendant for the payment order (2006 tea7140). Accordingly, on June 1, 2006, the Plaintiff issued a payment order stating that “the Defendant shall pay to the Plaintiff money calculated at the rate of 20% per annum from the day following the delivery of the original copy of the payment order to the day of complete payment (the above KRW 76 million + the above KRW 115 million + the above KRW 40 million + the above KRW 40 million) and the amount of money calculated at the rate of 20% per annum from the day of complete payment.”

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