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(영문) 서울북부지방법원 2015.01.30 2014가단104985
매매대금반환
Text

1. The Defendant’s KRW 33,500,000 and the Plaintiff’s annual rate of KRW 5% from November 16, 2013 to April 7, 2014.

Reasons

On June 26, 2013, the Defendant entered into a sales contract with the Plaintiff to sell “Bnnnnnex Co., Ltd. 14 Kold 20 million won (hereinafter “instant plb”), with the purchase price of KRW 33.5 million from October 15, 2013 to November 15, 2013 (hereinafter “instant plbn”), and the Plaintiff paid 3.5 million down payment to the Defendant on June 27, 2013; the Plaintiff paid 3.5 million down payment to the Plaintiff from July 4, 2013 to July 26, 2013; the Defendant paid c.30 million payment via a credit card; the Plaintiff and the Defendant did not present an agreement between the Plaintiff and the Plaintiff on December 21, 2013 to 208, and the Defendant did not present an agreement between the Plaintiff and the India until December 21, 2013 to 204.

Under the premise that the Plaintiff’s rescission of the instant contract on the ground of the Defendant’s nonperformance, the fact that the Plaintiff served on the Defendant on April 7, 2014 the instant complaint and the written application for modification of the purport of the claim and the cause of the claim as of April 1, 2014, seeking the refund of the purchase price, interest, and delay damages on the premise that the said contract was cancelled

Therefore, according to the above facts of recognition, since the contract of this case was lawfully rescinded on April 7, 2014, the defendant is obligated to pay to the plaintiff the interest calculated at the rate of 5% per annum under the Civil Act from November 26, 2013 to April 7, 2014, 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 April 8, 2014 to the date of full payment.

Thus, the plaintiff's claim of this case is justified and accepted.

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