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(영문) 대전지방법원 2015.11.04 2014가합6576

투자금반환

Text

1. Defendant B’s KRW 140,000,000 as well as 20% per annum from October 3, 2014 to September 30, 2015, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Defendants, with the trade name “D” in Singapore, operate Korea-style points, and the Plaintiff was an employee of the said main points from March 2013 to October 2013.

B. On September 23, 2013, the Plaintiff concluded a monetary loan agreement with Defendant B to lend KRW 140,000,000 to Defendant B, setting the maturity period as the end of March 2014, and agreed to substitute for the Plaintiff’s payment of KRW 20,000,000 among the above loans as the wage claim of KRW 20,000 against Defendant B.

C. According to the above contract, the Plaintiff transferred KRW 50,000,000 to F, the wife of Defendant B, as of September 24, 2013, and KRW 70,000,000 to September 25, 2013, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the facts of the above recognition of the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of KRW 140,000,000 as borrowed money and the damages for delay calculated at the rate of 20% per annum as stipulated in the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Amended by Presidential Decree No. 26553, Sep. 25, 2015) from October 1, 2015 to September 30, 2015, as the Plaintiff seeks after the due date, as the Plaintiff seeks.

The Plaintiff claimed damages for delay calculated at the rate of 20% per annum pursuant to the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day after the delivery of a copy of the complaint to the day of full payment. However, according to the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings amended on September 25, 2015, and Article 2(2) of the Addenda, the statutory interest rate under Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, which is the enforcement date of the above amended provisions, is a case pending in the court as of October 1, 2015, for which the first instance trial proceedings have not been concluded.