logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2018.08.09 2017가합65
투자금
Text

1. Defendant B shall pay to the Plaintiff KRW 316,492,340 as well as 15% per annum from January 12, 2018 to the date of full payment.

Reasons

1. Basic facts

A. Defendant C is a person operating a trade name D’s workplace.

B. The Plaintiff paid to Defendant B KRW 572,164,00 as cash or promissory note over 11 times in total as follows, and was repaid KRW 255,671,660 among them.

C B B B B B B

C. Of promissory notes paid by the Plaintiff to Defendant B as investments, Defendant C endorsed the discounted amount to Defendant B, on the promissory notes representing the face value of KRW 71,610,000 issued on April 16, 2012 and the face value of KRW 63,030,00 issued on April 30, 2012 (hereinafter “instant promissory notes”).

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Determination as to the claim against the defendant B

A. Claim for damages calculated by the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 12, 2018 to the day of full payment, which is the day following the delivery of a copy of the complaint in this case, the Plaintiff paid to Defendant B for the investment in the 572,164,00 won (hereinafter “investment in this case”) for the 316,492,340 won which was not returned (=572,164,000 won - 255,671,660 won) and the amount of delay damages calculated by the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

3. Determination as to the claim against Defendant C

A. On April 2012, the Plaintiff asserted that: (a) the Defendants, the husband and wife jointly operated D, entered into an investment agreement between the Plaintiff and the Defendants, which would return the principal of the investment and gain profit by dividing the investment amount into half and half; and (b) Defendant C also received part of the investment amount from the Plaintiff; (c) as such, Defendant C is jointly and severally liable with Defendant B to return the outstanding amount of the investment amount to the Plaintiff.

B. The Defendant C received the Promissory Notes from the Defendant B and endorsed them, and then the amount discounted to the Defendant B.

arrow