beta
(영문) 서울남부지방법원 2016.07.15 2015가단48805

투자금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 14.7 million and the interest rate of KRW 15% per annum from October 31, 2015 to the date of complete payment.

Reasons

Upon the Defendant’s recommendation, the Plaintiff made an investment in the said company by remitting the sum of KRW 30 million to the Defendant’s account on March 21, 2008; the Defendant prepared a cash loan certificate stating that “The said B shall assume the responsibility for the principal with respect to KRW C’s investment turnover on March 21, 2008; the Plaintiff issued the said certificate to the Plaintiff on March 22, 2008; KRW 3 million on March 25, 2008; KRW 63 million on March 27, 2008; and KRW 1,30 million on May 19, 2008; or the fact that the Plaintiff received in relation to the said investment was not disputed between the parties; or there is no dispute between the parties, evidence Nos. 1, 2, and 1,300,000 won on May 19, 208.

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the amount of KRW 14.7 million calculated by deducting the amount of KRW 11.3 million paid to the Plaintiff from the investment principal that the Plaintiff promised to pay, and the damages for delay calculated at the rate of 15% per annum from October 31, 2015 to the date of full payment, which is the day following the delivery of the instant complaint, to the day of full payment.

If so, the plaintiff's claim is justified.