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(영문) 서울남부지방법원 2016.09.30 2015가합112314
약정금
Text

1. The defendants are jointly and severally liable to the plaintiff for USD 2,800,000 and USD 150,000 among them.

Reasons

In full view of the purport of arguments as to Gap's evidence Nos. 1 through 7 (including number 1) and the purport of the whole argument, the plaintiff shall make an investment in the amount of USD 2,80,000 (2.8 billion won at the exchange rate) from April 20, 2006 to March 29, 2007 with an annual interest of USD 1,50,000 from the day after August 10, 2008 to 2,50,000 from the day after the day after the above investment was made to 2,50,000 U.S. dollars from August 10, 208, and from 2,65,000 U.S. dollars to Oct. 30, 2008, the plaintiff shall be liable to pay the remainder of the contract amount of this case to 1,505,000 U.S. dollars from the day after the due date to 2,501,000 U.S. dollars.

[Plaintiff’s claim as to USD 1.2 million among the agreed amount of this case was sought by the application for modification of the claim and the cause of claim, and thus, the rate of damages for delay by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall apply from the day following the delivery of the application for modification (see, e.g., Supreme Court Decision 94Da56234, Feb. 17, 1995).

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