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(영문) 인천지방법원 2019.08.20 2018가단29688
부당이득금등
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 50,00,000 and Defendant B with respect thereto from December 19, 2018, and Defendant C with respect thereto.

Reasons

1. Determination as to the claim against the defendant B

(a)the indication of claims; as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act (Judgment made by deeming that the relevant provisions are private);

C. Grounds for partial dismissal: The portion claimed in excess of the annual 12% from June 1, 2019 out of the Plaintiff’s claim for damages for delay exceeds the statutory interest rate under Article 3(1) main sentence (wholly amended by Presidential Decree No. 29768, May 21, 2019) and Article 2(2) of the Addenda.

2. According to the evidence Nos. 1 and 2 of the judgment as to the claim against Defendant C, the Plaintiff concluded a sales contract with Defendant B on March 24, 2009 as KRW 15 million with respect to all the standing timber D and E on March 24, 2009, and paid the down payment of KRW 35 million to Defendant B. Defendant C on March 24, 2010, it is recognized that: (a) the Plaintiff promised to make a full payment by July 30, 2010 for the KRW 35 million with respect to the purchase price; and (b) the Plaintiff made and delivered a written statement to the Plaintiff that the Plaintiff signed a contract on March 24, 2010.

Therefore, Defendant C is obligated to pay the Plaintiff the total sum of KRW 50 million agreed upon to the Plaintiff and the damages for delay pursuant to the interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 17, 2018, which is the day following the delivery date of a copy of the complaint, as sought by the Plaintiff.

3. In conclusion, the plaintiff's claim against the defendants is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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