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(영문) 서울북부지방법원 2020.05.21 2020가합67

투자금

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1. The defendant shall pay 1,00,000,000 won to the plaintiff and 20% per annum from November 13, 2009 to the day of full payment.

Reasons

1. On April 1, 2003, the Plaintiff entered into a joint agreement with the Defendant for real estate development business and provided the Defendant with KRW 1 billion accordingly.

The defendant prepared and delivered to the plaintiff on December 12, 2008 a letter of commitment to pay the above KRW 1 billion to the plaintiff by the end of September 2009, but did not perform the duty.

Accordingly, the Plaintiff filed a claim against the Defendant for the payment order of KRW 1 billion and damages for delay at a rate of 20% per annum from the day following the service date of the original copy of the payment order for the above investment amount to the day of full payment (U.S. District Court Decision 2009Da5283, Nov. 5, 2009). The original copy of the payment order issued on November 12, 2009 was served on the Defendant on November 27, 2009, and became final and conclusive on November 27, 2009.

The claim of this case is filed for the interruption of extinctive prescription of the above investment bond refund claim.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).