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(영문) 서울중앙지방법원 2017.08.24 2017가합23320
투자금반환
Text

1. The Defendant: (a) from August 17, 2016 to Plaintiff A KRW 50,000,000 for each of the KRW 128,00,000 for Plaintiff B and C, and each of them.

Reasons

1. The Plaintiff’s claim indication Plaintiff A paid KRW 160 million to the Defendant for the purpose of investment, respectively, and KRW 50 million to the Defendant. The Plaintiffs and the Defendant’s mother and the Defendant’s mother, on August 16, 201, paid KRW 260 million to the Defendant and KRW 50 million each month from October 201 to December 201, E immediately repaid KRW 260 million, and the Defendant agreed to fully pay the remainder within five years.

E repaid the Plaintiff’s total amount of KRW 32 million (= KRW 20 million) under the above agreement, but the Defendant did not repay the Plaintiff’s remainder of KRW 128 million (= KRW 160 million - KRW 32 million) to the Plaintiff, Plaintiff B, and C, respectively, until August 16, 2016, which was due and due and due from the above agreement.

Therefore, the defendant is obligated to pay to the plaintiff A 128 million won, the damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from August 17, 2016 to the delivery date of a copy of the complaint of this case from August 17, 2016 to the delivery date of a copy of the complaint of this case, and the damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

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