logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.09.08 2015가단33744
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 30,000,000 and the interest rate thereon from April 23, 2015 to the date of full payment.

Reasons

Comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs 1 through 3, the Plaintiff agreed to invest KRW 30 million in the Defendants on December 1, 2014, and entered into an agreement with the Defendants on April 1, 2015 to receive reimbursement of KRW 30 million in the invested principal. Accordingly, the Plaintiff paid the Defendants KRW 30 million in total, including KRW 15 million on December 1, 2014, and KRW 45 million on January 4, 2015.

According to the above facts of recognition, the Defendants are obligated to pay to the Plaintiff the amount of KRW 30 million invested principal and the damages for delay calculated at the rate of 20% per annum from April 23, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

Therefore, the Defendants asserted that they returned KRW 3,846,00 among the above investment principal to the Plaintiff. According to the evidence No. 1, the Defendants paid KRW 3,846,00 to the Plaintiff five times from December 1, 2014 to January 19, 2015. However, even though it is recognized that the Defendants paid KRW 3,846,00 to the Plaintiff, it is insufficient to view that the Defendants paid the said amount to the Plaintiff as the return of the investment principal, and there is no other evidence to acknowledge otherwise.

The above assertion by the Defendants is without merit.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

arrow