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(영문) 서울서부지방법원 2017.08.25 2016가단210897
약정금 등
Text

1. The plaintiffs' primary claims are dismissed.

2. The defendants shall be jointly and severally liable to the plaintiff A for 40 million won, and the plaintiff B for 5.

Reasons

1. Facts of recognition;

A. On February 2012, the Plaintiffs prepared a letter of performance as follows between Defendant C and D Co., Ltd. (former Company Name: F) managed by Defendant C and C (former Company Name: F) and Defendant E jointly and severally guaranteed the said Defendants’ obligations.

E

B. On the same day, the Plaintiffs paid KRW 100 million each to Defendant C and D, and KRW 200 million each.

C. Defendant C and D Co., Ltd.: (a) with the Plaintiff’s account on May 6, 2013; (b) KRW 10 million with the account on May 6, 2013; and (c) KRW 20 million with the account on December 2, 11, 198 with the account on September 16, 2014 with KRW 15 million with the account on September 16, 2014;

9. On June 30, 2015, the amount of KRW 10 million was remitted to A’s account on June 30, 2015, and KRW 60 million was remitted to Plaintiff B via B’s account on September 15, 2014.

[Reasons for Recognition] Part of the Plaintiff’s Person, Evidence Nos. 1 and 2, Defendant E’s personal examination result

2. As to the main claim

A. The Plaintiffs asserts that Defendant C and D are primarily liable to pay only KRW 36 million to Plaintiff A, except for the portion of repayment performed by the Plaintiff, even though they agreed to pay KRW 138,00,000,000,000 in total, and KRW 138,000,000,000,000 to Plaintiff as investment earnings every three years, when preparing a written performance rejection, and that they are obligated to pay only KRW 78,00 to Plaintiff B.

B. However, there is no evidence to prove that the investment return agreement was concluded as the primary assertion of the plaintiff, and the above assertion is without merit.

3. The Plaintiffs, as to the conjunctive claim, seek to the Defendants for the payment of the amount that was not returned out of the amount invested under the above performance note.

According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff A 40 million won (10 million won - 60 million won), 50 million won (10 million won - 50 million won) to the plaintiff B, and 15% interest per annum from May 10, 2016 to the date of full payment.

4. As to the assertion by Defendant C and D

A. The Defendants, in addition to the portion of the Plaintiffs’ reimbursement, are also the part of the Plaintiffs’ reimbursement, and on February 6, 2012.

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