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(영문) 대구지방법원김천지원 2019.05.24 2019가합15369
약정금
Text

1. The Defendant’s KRW 237,00,000 as well as the Plaintiff’s annual rate of KRW 6% from February 1, 2018 to March 6, 2019.

Reasons

1. The facts constituting the cause of the claim stated in the separate sheet do not conflict between the parties.

2. Therefore, the Defendant is obligated to pay to the Plaintiff interest and delay damages calculated at the rate of 6% per annum from February 1, 2018 to March 6, 2019, which is the service date of the instant payment order from February 1, 2018, and 15% per annum from the following day to the day of full payment.

3. The Defendant asserts that, while the Plaintiff and the Defendant jointly invested and sold the land and buildings on the ground, including Kimcheon-si C, awarded a successful bid, and agreed to distribute the price at the ratio of Plaintiff 30% and Defendant 70%, the Defendant did not make settlement because it was impossible to sell it, the Defendant’s claim for the return of the investment amount without any management by the Plaintiff is an abuse of rights contrary to the principle of trust and good faith.

However, while the Plaintiff was unable to recover the investment money for 10 years after the initial investment was made, the Defendant agreed on January 25, 2018 to return the investment money to the Plaintiff by February 28, 2019, and the Plaintiff claims the return of the investment money based on the return agreement. Thus, the Plaintiff’s claim is justifiable.

On the other hand, the plaintiff's claim violates the principle of good faith.

or the abuse of rights may not be deemed an abuse of rights.

The defendant's above assertion is without merit.

4. It is so decided as per Disposition for more than one reason.

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