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(영문) 서울동부지방법원 2019.12.13 2018가합113834
손해배상금 등 청구
Text

1. The Defendant shall pay to the Plaintiff KRW 346,00,000 and the interest rate of KRW 12% per annum from December 13, 2018 to the date of full payment.

Reasons

1. The plaintiff's assertion

A. In the first place, the Plaintiff received the promise to guarantee principal from the Defendant and delivered the Defendant a total of KRW 436 million to the Defendant as an investment deposit. Accordingly, the Defendant, pursuant to the said principal guarantee agreement, must refund to the Plaintiff the amount of KRW 346 million, which the Plaintiff sought among the above KRW 436 million, and damages for delay.

(A) a request for an obvious part of the claims.

Preliminaryly, the Defendant, by deceiving the Plaintiff, acquired a total of KRW 436 million, by deceiving the Plaintiff, and the Defendant shall pay the Plaintiff the amount of KRW 346 million, which the Plaintiff seeks, out of the above KRW 436 million on the ground of damages arising from the tort, and the damages for delay.

2. Determination of the primary claim

A. In full view of the facts without dispute, and the purport of the entire pleadings in Gap evidence Nos. 1 through 10, the defendant may each recognize the fact that the defendant promised to guarantee the plaintiff the principal and to pay the amount of KRW 4 million per month of the investment amount to the interest amount of KRW 100 million, and the plaintiff delivered a total of KRW 436 million to the defendant from January 4, 2016 to March 8, 2017 by remitting it to the account designated by the defendant.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff KRW 346 million and damages for delay calculated at the rate of 12% per annum from December 13, 2018, which was served on the Defendant, as the Plaintiff’s claim after the date of the Plaintiff’s claim for refund, as well as from December 13, 2018, to the date of full payment, as calculated by the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 13, 2018.

(3) As the plaintiff's primary claim is accepted, the defendant does not judge the conjunctive claim. The defendant only claims such as comparative negligence, comparative negligence, comparative negligence, and comparative negligence of profit and loss, and does not claim the primary claim.

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