logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.09.18 2017가단5212364
계금
Text

1. The Defendant’s KRW 100,000,000 as well as the annual amount of KRW 5% from September 30, 2017 to November 15, 2017, and the following.

Reasons

1. Basic facts

A. The Plaintiff paid the entire amount of the deposit amount of KRW 100 million for each unit of the Plaintiff’s membership at the highest bid price, which was organized and operated by the Defendant on August 29, 2016, up to the last time. However, the Plaintiff did not receive KRW 100 million from the Defendant.

B. The said successful bidder who was the Plaintiff is the successful bidder for the total period from August 29, 2016 to September 29, 2017 (hereinafter “instant successful bidder”). The said successful bidder is based on the total amount of KRW 7,700,000 per unit as of the first unit (hereinafter “instant successful bidder”). On the basis of the first unit payment of KRW 7,700,000 per unit, the remainder of the relevant successful bidder’s interest interest is paid at KRW 100,000 per unit, and instead, the remainder of the successful bidder who did not receive the said successful bidder was operated with the structure that the said 77,00,000 won was reduced or exempted from the total amount of the successful bidder’s interest in equal shares as raw materials.

C. On August 30, 2016, the Plaintiff paid 7.7 million won in full to the Defendant on September 27, 2017, including the payment of 7.1 million won in the first installment, and paid 7.1.6 million won in total over 13 times on September 27, 2017. The Plaintiff is a member awarded a contract on September 29, 2017.

However, the Defendant received the total amount of the deposit from the Plaintiff, but did not pay KRW 100 million on September 29, 2016, the next time for the Plaintiff to receive the successful bid.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3 (including additional numbers), witness D's testimony, the purport of the whole pleadings

2. According to the facts of the above recognition, the defendant who is the leading of the successful bidder cannot be exempted from the liability for the payment of the successful bidder, regardless of the payment of the total amount to other members of the successful bidder.

Therefore, the defendant is about the plaintiff who paid the total amount of 100 million won by the last time from September 30, 2017 to November 15, 2017 and the promotion of the lawsuit from the next day to the day of full payment.

arrow