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(영문) 수원지방법원 안산지원 2018.06.19 2018가단3250
매매대금 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 37,700,000 and the interest rate of KRW 15% per annum from March 13, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On March 201, 201, the Plaintiff sold No. 5 of the member-gu D Building No. 5 (hereinafter “instant loan”) from Ansan-si (hereinafter “instant loan”) to KRW 41.2 million.

C agreed to pay the Plaintiff the monthly rent of KRW 300,000,000 to the Plaintiff.

B. At the time of the above contract, the Plaintiff paid the Defendant, who was an employee of C, the sum of the down payment and intermediate payment, and the Defendant again transferred the said money to C.

C. On June 7, 2011, the Plaintiff paid a balance of KRW 11.2 million to the Defendant, and the Defendant did not transfer this to C and voluntarily consumed it.

Since then, C arbitrarily disposed of the loan of this case, the Plaintiff demanded C and the Defendant to return the sales price of KRW 41.2 million and to pay KRW 1.5 million in total as the profits equivalent to the rent during that period.

Accordingly, on May 11, 2015, the Defendant prepared and ordered the Plaintiff with the following loan certificates (hereinafter “the instant loan certificate”).

For the purpose of keeping cash receipts: Won 42,700,000 (one million won or more): The first day of May 11, 2015 (the date of repayment): the second day of June 30, 2015 (one hundred thousand won or more): The first day after the first payment shall be repaid in full within four times in accordance with the policies of N agency, and the time of repayment shall not be extended in December 2015.

on May 11, 2015: B earer B

E. In addition, the plaintiff filed a complaint against C and the defendant as a crime of fraud, etc.

It was convicted of the 10,000 won voluntarily consumed, as described in the paragraph.

Accordingly, the defendant deposited the plaintiff as the principal and deposited 5 million won, and the plaintiff was paid the above deposit money.

[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings

2. According to the above facts of recognition, the defendant paid to the plaintiff 37,770,000 won (=42,700,000 won - 5 million won) due to deposit among the 42,770,000 won based on the loan certificate of this case and damages for delay.

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