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(영문) 대전지방법원서산지원 2015.07.21 2015가단51281
투자금반환
Text

1. The Defendant: (a) KRW 28,00,000 for the Plaintiff and 5% per annum from December 21, 2013 to April 24, 2015; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On April 29, 201, the Plaintiff paid KRW 50,000,00 to the Defendant the investment amount (hereinafter “the instant investment amount”) to the Defendant, but the Defendant did not pay the Plaintiff the profit for the instant investment amount agreed upon, and the Defendant agreed to return the instant investment amount to the Plaintiff.

B. The Defendant paid to the Plaintiff KRW 10,00,000,000 on June 29, 2012, and KRW 5,000,00 on January 25, 2013, and KRW 7,00,000 on December 20, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 28,00,000 won ( = 50,000,000 won - 10,000 won - 5,000,000 won - 7,000,000 won), and as claimed by the plaintiff, 5% per annum under the Civil Act from December 21, 2013 until April 24, 2015, the delivery date of a copy of the complaint of this case, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

B. On April 29, 2011, the Defendant, on July 3, 2015, is obligated to pay interest or delay damages from April 29, 201, on the instant investment funds, to the Plaintiff on April 29, 2015.

As interest from July 3, 2015 to July 3, 2015 deposited KRW 5,376,179, the Plaintiff asserts to the effect that the said money should be deducted from the Plaintiff’s claim amount.

According to the evidence No. 1, the Defendant’s deposit of KRW 5,376,179 with the Plaintiff on July 3, 2015, but it is deemed that “interest or delay damages at the rate of 5% per annum from April 29, 2011 to December 20, 2013,” which the Plaintiff did not seek in this case, shall be interest at the rate of 5% per annum from April 29, 2011 to June 29, 2012 at the rate of 5,652,738 won per annum from April 29, 201 to December 20, 2012.

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