logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.01.08 2014가합58487
보관금청구
Text

1. The Defendant’s KRW 153,377,323 as well as the Plaintiff’s annual rate of 5% from January 10, 2015 to January 8, 2016.

Reasons

1. Basic facts

A. In around 2007, the Plaintiff and the Defendant paid real estate purchase price and management expenses to the Defendant, the Defendant, on behalf of the Plaintiff, entered into a delegation contract under which the Plaintiff would purchase real estate under the name of the Plaintiff or the Plaintiff’s child C and manage the real estate (hereinafter “instant delegation contract”).

B. The Defendant, on behalf of the Plaintiff, purchased each building listed in the separate sheet No. 1 as listed below, and completed the registration of ownership transfer under the name of Plaintiff or Plaintiff C with respect to each of the above buildings.

A building listed in Annex 1 List 1 List 1 on July 12, 2007, which is on the date of registration for transfer of ownership on the date of sale of an object for sale and purchase (won) and listed in Annex 1 List 1 List 1 List 82,000,000 on September 12, 2007, and 25 January 29, 2008, listed in Annex 1 List 2 List 1 List 50,000,000 on January 29, 208, and listed in Annex 1 List 1 List 3 on March 60, 208, 200, and 15,000 on May 15, 2008, without any dispute. The fact that there is no dispute, Gap 13 through 15,23, and Eul 6 (including a serial number, hereinafter the same shall apply), testimony of each witness, the purport of the entire pleadings, and the purport of all pleadings and arguments.

2. Determination as to the claim for return of each money listed in the separate sheet Nos. 1 through 11

A. According to the instant delegation contract, the Plaintiff asserted that the Defendant paid USD 434,60.49 in the U.S. currency (406,55,057 won conversion) as shown in [Attachment 2 List 1 through 11, for the purchase price and management expenses of each building listed in [Attachment 1] list.

However, the amount that the Defendant spent for the purchase price and management expenses of each building listed in the separate sheet No. 1 or returned to the Plaintiff is merely KRW 253,465,530,00 (= KRW 55,647,00,000, total purchase price of each building listed in the separate sheet No. 1 listed in the separate sheet No. 1) and thus, the Defendant paid to the Plaintiff KRW 253,465,530,00 that the Defendant paid to the Plaintiff, out of USD 434,60.49 (original conversion conversion amounting to KRW 406,55,057) paid to the Plaintiff.

arrow