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(영문) 대전지방법원 2017.11.17 2017가단4499
선불금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 43,200,000 and the interest rate of KRW 15% per annum from March 24, 2017 to the day of complete payment.

Reasons

1. The judgment on the cause of the claim was made on September 26, 2014 to December 21, 2015 by the Plaintiff: (a) the Defendant and C, who is the husband and wife operating the secondhand property together with the payment of KRW 45 million in advance; (b) the Plaintiff was not provided with the scrap metal amounting to the above advance payment payment by the Defendant and C; (c) around September 14, 2016, C prepared a letter of payment stating that the Plaintiff would return the down payment of KRW 45 million to the Plaintiff; and (d) the Defendant signed and sealed the said letter of payment as a joint and several surety, or may be recognized by comprehensively taking into account the overall purport of pleadings as indicated in subparagraph 1.

On the other hand, the plaintiff has already received reimbursement of KRW 1,80,000,000 out of the above 45 million statement of payment.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 43.2 million won (=45 million won - 1.8 million won) and damages for delay calculated at the rate of 15% per annum from March 24, 2017 to the day of full payment after the delivery of a copy of the instant complaint.

2. The defendant's defense is asserted to the effect that the defendant's defense was jointly and severally guaranteed by the plaintiff's coercion, but there is no evidence to acknowledge the above assertion, and the defendant's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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