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(영문) 서울중앙지방법원 2017.09.05 2017가단5004563
환급금
Text

1. The Plaintiff:

(a) Defendant D:30,000,000;

B. Defendant B and C are jointly and severally with Defendant D, whichever is 14.

Reasons

1. The Plaintiff entered into a real estate sales contract as a broker of Defendant B Co., Ltd. (hereinafter “Defendant Company”) and paid in excess of 14,00,000 won to the Defendant Company as remuneration therefor. The Defendant Company agreed on June 17, 2016 to return KRW 14,00,000 to the Plaintiff on the same day. Defendant C, the representative director of the Defendant Company, guaranteed the above debt payment of the Defendant Company on June 30, 2016; Defendant D, who is a director of the Defendant Company, guaranteed the Plaintiff’s above debt payment; Defendant D guaranteed the Plaintiff on August 16, 2016; Defendant D, including the above money, paid in excess of 20,00,000 won to the Plaintiff Company until September 8, 2016; or in excess of 10,000,000 won until August 16, 2016; or, based on the overall purport of each of the parties’ arguments, each of the parties agreed to pay KRW 1314,38.

According to the above facts, Defendant D is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 26, 2017 to the date of full payment, as the Plaintiff seeks with respect to the above amount of KRW 14,00,000 among the above amount and each of the above amount of KRW 14,000,000, and jointly with Defendant D pursuant to each of the above agreements.

2. As to the assertion of the Defendant Company, the Defendants concluded each of the above agreements and guarantee agreements with the Plaintiff due to the Plaintiff’s public conflict and intimidation, which is alleged to the effect that all of them are null and void. However, there is no evidence to acknowledge this, the above assertion by the Defendant Company is

3. In conclusion, the plaintiff's respective claims against the defendants are justified, and it is so decided as per Disposition.

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