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(영문) 서울중앙지방법원 2015.07.23 2014가단208529

약정금

Text

1. The Defendants jointly share KRW 30,000,000 with respect to the Plaintiff and Defendant B from July 1, 2013 until April 23, 2015.

Reasons

1. The fact that the Defendants conspired to make a judgment on the cause of the claim to the Plaintiff, thereby deceiving the Plaintiff that they would be able to receive interest calculated at a rate of 3% per month and the principal may be paid if they invested in the Plaintiff, and, on July 1, 2013, acquired KRW 30 million from the Plaintiff is not a dispute between the Plaintiff and the Defendant D, and the Plaintiff and the remaining Defendants can be recognized by comprehensively taking into account the overall purport of the entry and the entire pleadings.

Therefore, pursuant to Article 760 of the Civil Act, the Defendants are jointly obligated to pay damages for delay calculated at the rate of 30 million won and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, to the day of delivery of a duplicate of the complaint of this case, which is the date of tort, from July 1, 2013 to the day of the delivery of the copy of the complaint of this case. Defendant B is obligated to pay damages for delay calculated at the rate of 20% per annum as stipulated in each Civil Act until May 16, 2015, Defendant C is up to May 16, 2015, Defendant D is up to March 21, 2015.

2. In conclusion, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.