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(영문) 서울동부지방법원 2016.10.27 2015가단12698
채무불이행으로 인한 손해배상
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff (Appointed Party) A, KRW 14,396,00, KRW 20,868,000, and KRW 20,868,00, and the designated parties.

Reasons

A. By October 27, 2016, the date of this sentencing, the Defendant is obligated to pay 6% per annum as stipulated under the Commercial Act (the Defendant is a merchant, and thus, damage claims arising from nonperformance of obligations under each of the following contracts for the use of a park cemetery of this case constitute claims arising out of commercial activities, and thus applying the commercial statutory interest rate), and damages for delay by 15% per annum as stipulated under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to

Serial 14,00 1 A-4/60, 600, 00, 060, 060, 060, 605/60, 060, 005, 060, 6060, 605, 6060, 6060, 605, 006, 006, 005, 6060, 605, 600, 260, 260, 80, 868, 000, 50, 260, 80, 868, 000, 50, 200, 50, 200, 50, 2000, 300, 500, 50, 260, 50, 207, 2004, 2005, 2007

C. The Defendants asserted as to the Defendants’ assertion that each park cemetery use contract of this case entered into with the Plaintiff, etc. constitutes a lease deposit with the term of 15 years, and each cemetery use fee corresponding to the period of each cemetery use of the Plaintiff, etc. during the 15-year lease period as well as unpaid management fees, constitutes a lease deposit and thus, should be deducted from the amount of damages.

According to the above facts, each of the following contracts for the use of a park of this case is that the Defendants provided a specific portion of land in the park cemetery of this case as a cemetery and received the sale price from the Plaintiff, etc., under the relevant laws and regulations, the period of use of a grave may be limited as prescribed by the relevant laws and regulations, but no specific agreement on the period of use has been reached, and the period of use is terminated.

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