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(영문) 울산지방법원 2021.03.26 2020가단100313

약정금

Text

The defendant shall pay to the plaintiffs 16,00,000 won and 5,000,000 won among them from January 14, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. On February 2019, Plaintiff A received investment recommendations from Defendant on February 1, 2019, and decided to make investment with Plaintiff B (hereinafter “D”).

B. As D’s investment money, Plaintiff A remitted KRW 2,680,00 to each Defendant’s account on February 8, 2019, and KRW 10 million on February 12, 2019. Plaintiff B remitted KRW 2,268,00 to the Defendant’s account on February 12, 2019.

(c)

B. The Defendant remitted KRW 1,495,000 on March 2, 2019, and KRW 2,638,000 on March 4, 2019, respectively, to the Plaintiff A’s account as a revenue for the investment funds set forth in the foregoing paragraph.

(d)

Since then, the Defendant, on March 19, 2019, agreed to pay KRW 2 million to the Plaintiffs each of the KRW 40 million from April 2019 to 20 months (hereinafter “instant agreement”). E. Pursuant to the instant agreement, the Defendant wired KRW 2 million to the Plaintiff’s account on April 30, 2019; KRW 2 million on May 31, 2019; KRW 2 million on July 9, 2019; and KRW 2 million on August 31, 2019, respectively.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. The allegations by the parties and the determination thereof

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiffs 32 million won (i.e., 40 million won - 8 million won) with the equal repayment of 16 million won under the agreement of this case, and to pay damages with the plaintiffs 5 million won (from August 2019 to December 2019) for each of the five million won during which the due date becomes due at the time of the filing of the lawsuit of this case (from January 14, 2020 to the date of full payment, 12% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from January 14, 2020 to the date of full payment, and with the remaining 10 million won (from November 11, 2020 to November 20, 2000) with the remaining damages calculated at the rate of 12% per annum 35,201.

(b).

참조조문