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(영문) 서울서부지방법원 2017.09.14 2017가단213053
손해배상(기)
Text

1. The Defendant’s KRW 150,000,000 as well as 5% per annum from December 1, 2014 to May 22, 2017 to the Plaintiff.

Reasons

1. According to the facts and the purport of the entire arguments and facts without any dispute over Gap evidence Nos. 1 through 4 (including each number), the defendant, around September 2014, proposed that the plaintiff will give 100 million won of equity interest of the Korean company that received an investment of 100 million won from the said fund and make an investment of 300 million won, if the plaintiff makes an investment of 300 million won, 10 million won of equity interest of the said fund, and that the plaintiff remitted 150 million won to the defendant side on September 4, 2014. After examining whether the plaintiff actually raised 100 million won of equity funds in Belgium, the defendant demanded the defendant to confirm whether the plaintiff actually raised funds in Belgium and return 150 million won of investment funds already remitted to the plaintiff, and the defendant, on November 1, 2014, may again request that the plaintiff participate in the project and return 100 million won to the Republic of Korea within the first half of Belgium.

2. According to the above agreement, the defendant is obligated to pay to the plaintiff 150 million won with 50 million won per annum under the Civil Act from the day after the date of the contract payment to the day after the copy of the complaint of this case is served, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the plaintiff's claim is justified.

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