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(영문) 대구지방법원서부지원 2015.07.07 2015가단6757
투자금반환
Text

1. The Defendant’s KRW 36,00,000 as well as the Plaintiff’s annual rate of 5% from September 1, 2014 to March 9, 2015, and the following.

Reasons

1. In paying KRW 36 million to the Defendant on May 20, 2014, the Defendant and the Defendant agreed to return the said investment amount if the fireworks were not supplied from June 2014 to the Plaintiff with the said investment amount. The Defendant agreed to return the said investment amount until the end of August 23, 2014. The fact that the Defendant agreed to pay KRW 36 million to the Plaintiff on July 23, 2014 does not conflict between the parties, or is recognized by the purport of each entry in the evidence No. 1 and 2 and all pleadings.

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 36 million and 5% per annum under the Civil Act from September 1, 2014, which is the service date of the original copy of the instant payment order, to March 9, 2015, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, barring special circumstances.

3. As to this, the Defendant entered into a partnership agreement with the Plaintiff and C to distribute the proceeds therefrom, and paid 30 million won from the Plaintiff as its contribution, but the amount of catch was less than expected but no profit was realized. As such, the Defendant asserted that only has the obligation to settle the relationship with the Plaintiff and C, and that there is no evidence to acknowledge it, the Defendant’s assertion is without merit.

4. If so, the plaintiff's claim of this case is justified.

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