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(영문) 인천지방법원부천지원 2016.11.17 2016가단20796

투자금

Text

1. The Defendant shall pay to the Plaintiff KRW 37,80,000 and the interest rate of KRW 15% per annum from August 15, 2016 to the day of complete payment.

Reasons

Comprehensively taking account of the purport of the entire arguments as to Gap evidence Nos. 1 and 2, it may be acknowledged that the defendant prepared and executed a letter (Evidence No. 2) stating that "the defendant will return KRW 37,800,000 to May 31, 2016" on November 12, 2015, to the plaintiff, and barring any special circumstance, the defendant is liable to pay to the plaintiff 37,800,000 won under the above letter and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 15, 2016 to the day of full payment, which is the day following the delivery date of the instant payment order, to the day of full payment.

In regard to this, the defendant asserted that each of the above statements of this case was prepared by the plaintiff without confirming its contents on the wind to request the defendant to sign his signature, and thus constitutes a mistake in the so-called indication, and thus, the defendant's expression of intent to bear the defendant's obligation under the above statement should be revoked. However, since there is no evidence to acknowledge the defendant's above assertion, the above argument cannot be accepted.

Therefore, the plaintiff's claim of this case is reasonable and acceptable.