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(영문) 광주지방법원 2019.08.28 2018나6989
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On February 3, 2015, the Plaintiffs: (a) invested KRW 44,00,000 in E Co., Ltd.; and (b) invested KRW 55,000,00 in Plaintiff B; and (c) did not recover the investment amount; and (d) completed a payment angle from the Defendant as described below (hereinafter “instant payment note”).

If A (including F) 44 million won, B 55 million won invested in Sitcoin Co., Ltd., Ltd., is not to be recovered as principal from D to March, I will be responsible for the principal.

In addition, I agree that until the principal comes into existence, the amount of damage shall also be borne and paid by the principal (C).

In the event of this route, I agree to attach Lone Star Fund (CSF Chinese Funds) Code Account (CSF Chinese Funds).

B. On February 3, 2015, Plaintiff B prepared a written statement of payment to the Defendant as described below. At the bottom of the said written statement of payment, each signature and seal of B, witness G, and H is affixed.

B There is an additional statement that “I.80,000 won is excluded, this would have been deposited on February 4, 198,” seized by the Defendant from the Defendant that the principal is recovered from E, in full.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 6, the purport of the whole pleadings

2. In light of the above facts of the judgment as to the cause of the claim, the Defendant agreed to pay the Plaintiffs the principal and interest of the investment deposit to the Plaintiffs by March 2015 on the condition that D would not return the principal of the investment deposit to the Plaintiffs by March 2015, and D could not return the principal and interest of the investment deposit to the Plaintiffs by March 2015.

Therefore, pursuant to the above agreement, the defendant shall serve the plaintiff A with the amount of KRW 44,00,000, KRW 55,000,000, and each of the above amounts to the plaintiff B as the delivery date of a copy of the complaint of this case from April 1, 2015, which is the date of fulfillment of the above conditions.

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