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(영문) 서울동부지방법원 2020.08.26 2019가단142870

약정금

Text

The defendant shall pay to the plaintiff KRW 200,000,000 as well as 6% per annum from November 1, 2017 to September 11, 2019, and the next day.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3, the plaintiff remitted KRW 200,000,000 to the defendant upon C's request, who was in office as the chairperson of the defendant on July 31, 2017. The defendant's investment principal shall be KRW 200,000,000, and the investment return amount shall be KRW 100,000,000, and the defendant prepared and delivered a written statement of performance of the investment agreement to pay KRW 300,000,000, including the investment return amount, to the plaintiff by October 31, 2017. The defendant may recognize the fact that he paid KRW 10,00,000 to the plaintiff from July 31, 2017 to August 2019, and there is no counter-proof evidence.

Therefore, the defendant is obligated to pay to the plaintiff the remaining agreed amount of KRW 200,000,000 and damages for delay calculated at each rate of 6% per annum as stipulated by the Commercial Act from November 1, 2017 to September 11, 2019, which is clear that it is the delivery date of a copy of the complaint of this case, and 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.