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(영문) 대구지방법원경주지원 2020.01.08 2019가단1957
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 37,00,000 and the interest rate of KRW 12% per annum from December 1, 2019 to the date of complete payment.

Reasons

1. Indication of claim;

A. On March 29, 2019, the Plaintiff and the Defendant entered into a contract with the Plaintiff on March 29, 2019, under which the Defendant received a bid for a motor vehicle registration number C, and transferred it to the Plaintiff, and the Plaintiff entered into a contract with the Defendant to pay the Defendant the purchase price of KRW 43 million (= KRW 41 million).

B. According to the above contract, the Plaintiff remitted the Defendant KRW 5 million on March 29, 2019, and KRW 38 million on April 1, 2019, respectively, to pay KRW 43 million.

C. Since then, the Defendant was unable to perform the above contract because it was not successful, but the Defendant did not return the remaining KRW 37 million out of the KRW 43 million received from the Plaintiff and did not return it.

Therefore, the defendant is obligated to pay to the plaintiff 37 million won and damages for delay at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act).

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