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(영문) 청주지방법원 제천지원 2018.02.21 2017가단2454
계약금반환 등
Text

1. As to the Plaintiff, the Defendant’s KRW 38,851,450, and KRW 10,000 among them, from December 15, 2014 to December 18, 2017.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

3. Part concerning partial dismissal

A. 19,975,00 won due to the Defendant’s default, falls under the obligation of which the due date has not been fixed, and thus, the obligor shall bear the liability for delay caused by the obligee’s demand for performance with respect to the obligation of the fixed liquidated damages

(1) The Plaintiff’s compensation for delay is dismissed as to KRW 19,975,00 for delay until the delivery date of a copy of the complaint of this case, in which the Plaintiff expressed his/her intent to demand performance against the Defendant.

B. The damages claim other than the foregoing (amount equivalent to down payment and tax) is equivalent to the damages claim due to non-performance as the primary cause of the claim.

For the same reasons, the part of the claim for delay corresponding to the above part is without merit, but it is reasonable to accept the claim for delay damages due to the tort from each disbursement day to the delivery day of the copy of the complaint. The part of the claim for delay damages due to the rate of 5% per annum as stipulated in the Civil Act from each disbursement day, which is the date of the occurrence of damages due to the tort, is with merit. The above part is dismissed.

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