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(영문) 대전지방법원천안지원 2019.08.23 2019가합100069
손해배상(기)
Text

1. The Defendant: 43,00,000 won for Plaintiff A; 62,250,000 won for Plaintiff B; 58,100,000 won for Plaintiff C; and 50,000 won for Plaintiff D.

Reasons

1. The Defendant indicated the claim as follows: (a) by stating that “The Defendant purchased a secondhand car which is required to be dealt with by the Plaintiff from an insurance company at a low price for a public sale, and sells it at an industrial company; (b) fraudulently, the Defendant made a false representation as follows: (c) from August 21, 2017 to January 2, 2018, 43,000,000 won (24,000,000 won after receiving KRW 67,00,000 from the Plaintiff to the date of receiving KRW 62,50,000 from September 7, 2017 to December 27, 200, 200 (90,000,000 won from the Plaintiff to the date of returning KRW 22,50,000 from the date of receiving KRW 90,00,00 from the Plaintiff to the date of returning KRW 30,50,000).

Therefore, the defendant is obligated to pay the amount equivalent to each of the above damages due to tort damages and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the day of service of a copy of the complaint of this case to the day

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. Pursuant to Article 2(2) of the Addenda of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings on Partial Dismissals (amended by Presidential Decree No. 29768, May 21, 2019), the statutory interest rate of 12% per annum shall apply after June 1, 2019. Thus, the part exceeding the scope of recognition under the main sentence of Article 3(1) of the Plaintiffs’ damages claim is without merit.

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