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(영문) 수원지방법원안양지원 2020.02.12 2019가단108631
매매대금반환
Text

1. The Defendant’s 36,00 US dollars and 5% per annum from April 1, 2015 to May 21, 2019 to the Plaintiff.

Reasons

In full view of the purport of the argument in Gap evidence No. 1, the defendant can be found to have agreed to pay USD 36,00 to the plaintiff on February 25, 2015 by March 31, 2015. Thus, the defendant is obligated to pay to the plaintiff the amount of USD 36,000 for the above agreed amount, USD 36,00 for the above agreed amount, and KRW 5% for the period from April 1, 2015 to May 21, 2019, the delivery date of the copy of the complaint in this case, as the delivery date of the copy of the complaint in this case, KRW 15% for each year under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to May 31, 2019, and KRW 12% for the period from the next day to the day of full payment.

(1) The Plaintiff’s claim for damages for delay, which exceeds 12% per annum since June 1, 2019, is rejected in accordance with the provision on statutory interest rate of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which was amended from June 1, 2019, which was enforced since June 1, 2019. Thus, the Plaintiff’s claim in this case is justified within the scope of the above recognition, and the remainder is dismissed

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