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(영문) 서울중앙지방법원 2013.03.26 2013가단51917
사해행위취소
Text

1. The Plaintiff (Counterclaim Defendant) is to pay KRW 1,200,000 to the Defendant (Counterclaim Plaintiff) and to the day of full payment from March 5, 2013 to the day of full payment.

Reasons

1. Indication of claim;

A. On July 5, 2011, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) concluded a motor vehicle sales contract with the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) stating that the Defendant would purchase the motor vehicle (C) by setting the purchase price as KRW 1.2 million.

B. The Defendant paid 1.2 million won to the Plaintiff.

C. The Plaintiff did not deliver necessary documents to the Defendant for the transfer of the name of automobile ownership, and the Defendant cancelled the automobile sales contract by serving a duplicate of the instant counterclaim on that ground.

Therefore, the Plaintiff is obligated to pay to the Defendant the amount of KRW 1.2 million and the amount of delay damages at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 5, 2013 to the date of full payment after the delivery of a copy of the counterclaim of this case.

2. Judgment based on the recommendation of confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act).

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