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(영문) 서울중앙지방법원 2019.01.11 2018가단5097982
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,000,00 and 5% per annum from May 1, 2018 to January 11, 2019.

Reasons

1. Facts of recognition;

A. On October 27, 2017, the Plaintiff entered into an investment contract with Defendant C with the content that the said Plaintiff shall pay 2.5% of the investments made every 15th day of October 31, 2017 to the said Defendant, with the total amount of KRW 50 million up to October 31, 2017, and KRW 50 million up to December 31, 2017, and the said Defendant shall pay the Plaintiff the total amount of the said investments made by the said Plaintiff.

B. On October 30, 2017, the Plaintiff paid KRW 50 million to Defendant C, KRW 20 million on December 4, 2017, and KRW 30 million on January 19, 2017, respectively.

C. The Defendants agreed to repay KRW 100 million to the Plaintiff up to April 30, 2018.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of the judgment, the plaintiff and the defendant are the first-class non-permanent patient.

It is reasonable to view that the Defendants agreed to rescind an investment contract as stated in the claim and agreed to jointly and severally return KRW 100 million to the Plaintiff by April 30, 2018.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the agreed amount of KRW 100 million and the damages for delay at the rate of 15% per annum under the Civil Act until January 11, 2019, which is the date the instant judgment is rendered, where it is deemed reasonable for the Defendants to dispute over the existence and scope of the obligation in this case from May 1, 201, which is the date when the said judgment is rendered, to the Plaintiff.

3. Thus, the plaintiff's claim against the defendants is justified within the scope of the above recognition and the remaining claims are dismissed as they are without merit.

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