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1. The Defendant’s KRW 56,500,000 as well as 5% per annum from February 6, 2018 to October 8, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. Upon receipt of a recommendation from the Defendant to the effect that “if an investment of KRW 100 million is made, the Plaintiff purchased scrap metal and paid KRW 20 million as a profit in addition to the principal amount within Boan, in addition to the principal amount.” The Plaintiff paid KRW 50 million to the Defendant on October 23, 2017, and paid KRW 50 million to the Defendant on October 24, 2017.
The Plaintiff, around December 2017, made an investment of KRW 50 million in addition to the profits from selling scrap metal at KRW 100 million from the Defendant around KRW 35 million. If the Plaintiff makes an investment of KRW 15 million, he/she will receive KRW 500,000 from the profits therefrom.
“On the recommendation to the effect, the Defendant paid KRW 10 million on December 30, 2017, and KRW 3 million on January 2, 2018.
B. The Plaintiff received KRW 15 million from the Defendant on November 29, 2017, KRW 3 million on December 10, 2017, KRW 5 million on December 4, 2017, KRW 100 million on December 5, 2017, KRW 100,000 on December 5, 2017, KRW 17 million on January 20, 2018, and paid KRW 77 million on January 29, 2018.
C. On February 5, 2018, the Defendant agreed to pay KRW 56,50,000,000,000,000,000,000, which was paid by the Plaintiff between the Plaintiff and the Plaintiff, including the principal, earnings, and expenses unpaid, to the Plaintiff. The Defendant prepared a loan certificate (Evidence 3-2 and Evidence 4) to the effect that the interest would be repaid to the Plaintiff by April 5, 2018, setting the interest at 5% per annum.
[Ground of recognition] Unsatisfy, Gap evidence 1 and 2, Gap evidence 3-1 and 2 (Evidence A)
2. Determination:
A. According to the above facts, the Defendant shall pay to the Plaintiff damages for delay calculated at the rate of 56,50,000 won per annum from February 6, 2018 to October 8, 2018, which is the delivery date of the authentic copy of the payment order, 5% per annum under the agreement, 15% per annum from the following day to May 31, 2019, and 12% per annum from the next day to the day of full payment.
The plaintiff is the original payment order.