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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 5% per annum from June 27, 2014 to the day of complete payment.
Reasons
1. Summary of the plaintiff's assertion
A. The Plaintiff, who was recommended to invest 30 million won or more by the Defendant, which was known to his/her father and wife C, paid the Defendant the amount of 30 million won or more to the Defendant, but did not pay the Plaintiff’s profit properly. The Plaintiff voluntarily withdrawn KRW 154 million from the securities account in lieu of the Plaintiff’s name
Accordingly, the Plaintiff and C agreed to pay KRW 100 million to the Plaintiff on July 14, 201, and the Defendant repaid KRW 60 million on July 20, 201.
Therefore, the defendant is obligated to pay to the plaintiff the remainder of the above agreed amount of KRW 40 million and damages for delay.
B. Upon the request of the defendant, the plaintiff lent a total of KRW 44 million to the defendant. Thus, the defendant is obligated to pay the above loan amounting to KRW 44 million and delay damages to the plaintiff.
(1) The remittance of KRW 5 million to the Defendant’s deposit account on August 29, 201.
2. Determination as to the claim for agreed amount
A. On July 14, 201, it is recognized that the Defendant agreed to pay 100 million won to the Plaintiff on July 14, 201, when the purport of the entire pleadings as to the cause for the claim was added to the evidence No. 1 of the judgment, the Defendant calculated the Plaintiff at the annual rate of 5% as stipulated in the Civil Act from June 27, 2014, the following day after the Plaintiff served on the Defendant a copy of the complaint of this case, indicating the Plaintiff’s intent to request the performance, (the Defendant’s obligation to return the agreed amount is a debt with no fixed deadline, and the Defendant bears a delayed liability from the day after receiving a claim for performance from the Plaintiff).