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(영문) 의정부지방법원 고양지원 2018.04.20 2017가단12885

투자금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from December 31, 2017 to the date of full payment.

Reasons

1. Fact-finding;

A. On July 11, 2005, the Plaintiff paid KRW 70 million to the Defendant an investment for the operation of the amusement room.

B. On February 29, 2008, the Plaintiff filed a complaint against the Defendant on the grounds that the latter amount was appropriated for another purpose. On February 29, 2008, the Defendant drafted a letter stating that “The Plaintiff will pay in installments the amount of KRW 70 million,00,000,000,000 in four installments each six months after the discharge, and each six months after the discharge.”

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 4, the purport of the whole pleadings

2. According to the facts established above, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from December 31, 2017 to the day of full payment, which is the day following the delivery of a copy of the instant complaint, pursuant to each written statement, to the Plaintiff.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.