투자금
1. The Defendant: (a) KRW 80,000,000 as well as the Plaintiff’s annual rate from May 14, 2015 to May 29, 2015; and (b) May 30, 2015.
On May 14, 2014, the Plaintiff invested KRW 80,000,00 under the conditions as to the return of principal by setting the investment period from May 14, 2014 to May 13, 2015. The Plaintiff demanded the Defendant to return KRW 80,00,000 to the Defendant around April 16, 2015, but the Defendant did not return the said money until now, may be recognized by taking into account all the arguments in the items in subparagraphs 2 and 3.
Therefore, the defendant is obligated to pay to the plaintiff the amount of KRW 80,000,000 and damages for delay.
In regard to this, the defendant asserted that IMS Co. provided machinery as security to the plaintiff and only arranged the plaintiff to invest KRW 80,000,000 in the above company. However, even if the plaintiff received machinery, etc. as security after the plaintiff paid the above investment money to the defendant, it is insufficient to recognize the defendant's argument that the defendant did not have a duty to return the above investment money (the investment contract was prepared between the plaintiff and the defendant, and the amount of investment was remitted to the defendant), and there is no other evidence to acknowledge it, and therefore the defendant's argument is without merit.
Therefore, the Defendant shall pay to the Plaintiff the annual interest rate of 5% 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 May 14, 2015 to May 29, 2015, which is the date following the end of the investment period, to the date of service of a copy of the application for payment order from May 29, 2015, and from May 30, 2015 to September 30, 2015.