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(영문) 광주지방법원 2019.01.24 2018가합57143
손해배상(기)
Text

1. The defendant shall pay 400,000,000 won to the plaintiff and 15% per annum from November 9, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On April 2, 2018, the Plaintiff withdrawn KRW 400 million from a bank on April 2, 2018 to the Defendant’s father and had the Defendant keep it in custody.

B. The Plaintiff demanded the Defendant to return the amount of KRW 400 million deposited in the instant claim and the cause of the claim. On November 8, 2018, the written application for change of the purport of the claim and the cause of the claim was served on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from November 9, 2018 to the day of full payment, which is the day following the service of the application for modification of the purport of the claim of this case and the cause of the claim of this case.

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

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