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(영문) 울산지방법원 2019.04.24 2018가단72774
손해배상(기)
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 60,000,000 and Defendant B with respect thereto from November 2, 2018, and Defendant C.

Reasons

1. Facts of recognition;

A. According to the grounds for the following recognition as to Defendant B, it is recognized as having the same facts as that of the reasons for the claim in the attached Form.

【Fact-finding without dispute over the basis of recognition, Gap 1 through 4 (including more than one number), the purport of the whole pleadings.

B. 1) The indication of the claim against Defendant C: as indicated in the grounds for the claim, 2) by public notice (Article 208(3)3 of the Civil Procedure Act)

2. Determination

A. According to the above facts as to the cause of the claim, the above sales contract between the Plaintiff and the Defendants is deemed to have been lawfully rescinded due to the Defendants’ nonperformance. Thus, barring any special circumstance, the Defendants are jointly and severally deemed to have appropriated the amount of KRW 40 million,000,000,000, excluding the amount of KRW 10,000,000,000,000,000,000,000,000,000 won, which the Plaintiff was paid due to the Plaintiff’s restitution to the original state, and as such, it is not clearly stated whether the amount was appropriated due

As the estimated amount of compensation for damage, the sum of KRW 60 million in total ( KRW 40 million in total) and damages for delay shall be paid.

B. As to Defendant B’s defense, Defendant B asserted to the effect that Defendant C paid part of the above money, but there is no evidence to acknowledge this. Therefore, the above assertion is without merit.

C. If so, the Defendants are jointly and severally liable to pay the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 2, 2018 to the date of delivery of a copy of each of the instant complaint as requested by the Plaintiff. Defendant B, as from November 2, 2018, and Defendant C, from December 19, 2018 to the date of full payment.

3. The plaintiff's claim against the defendants is justified.

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