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(영문) 서울중앙지방법원 2019.03.26 2018가단5201590

투자금반환 청구

Text

1. The Defendant’s KRW 85 million with respect to the Plaintiff and the Plaintiff’s annual rate from May 2, 201 to January 9, 2019, and the following.

Reasons

1. Around December 11, 2008, the Defendant, a cause of the claim, purchased one debt from the farm household house located in Yongju-si, and sold all of them. The Defendant, upon guaranteeing a minimum of KRW 5 million, paid KRW 25 million to the Defendant in accordance with the agreement.

In addition, on December 23, 2008, the defendant purchased one debt from another farmer's house next to the former farmer's house and sold it back to the plaintiff. The defendant guaranteed a minimum of KRW 20 million, and paid KRW 60 million to the defendant according to the agreement. The plaintiff paid KRW 60 million to the defendant pursuant to the agreement.

However, unlike the agreement, the defendant did not purchase the farm house, and did not pay the investment and earnings to the plaintiff.

2. In accordance with Article 150(3) and (1) of the Civil Procedure Act, the defendant shall be deemed to have led to the confession of the above facts.

According to the above facts, at least the defendant shall be deemed to have agreed to return the principal of the investment deposit paid by the plaintiff and to pay legal interest thereon.

(On the other hand, according to Gap evidence No. 2, the defendant can be found to have agreed with the plaintiff to pay 32 million won to the plaintiff on December 20, 2008, and 80 million won to the plaintiff on January 10, 2009, as to 60 million won, the defendant can be held liable for delay of the above agreed amount from the following day of each of the above payment period to the plaintiff. Therefore, the defendant shall be held liable for delay of the above agreed amount to the plaintiff at least 85 million won (25 million won (25 million won) and the above total amount to the plaintiff (25 million won) and 10 million won from the date when the plaintiff was paid by the defendant, the defendant shall be appropriated to the plaintiff at least 25 million won from the date when the plaintiff was paid by the defendant to the above 85 million won to the date when the plaintiff was paid the interest rate of 9% from the day of service to the day of 250 million won per annum or from May 1, 2011.