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(영문) 서울동부지방법원 2017.05.11 2016가합422
투자금등 반환
Text

1. The Defendant’s KRW 1,648,841,773 as well as the Plaintiff’s annual rate from December 11, 2012 to May 11, 2017, and the following.

Reasons

Description of Claim

Attached Form

same as the reasons for the claim.

Judgment

The part of the judgment by public notice (Article 208(3) of the Civil Procedure Act) dismissed the part of the judgment by public notice (Article 208(3) of the Civil Procedure Act) is the person who reserved and received an objection to KRW 300,132,124 deposited by the defendant on December 10, 201, and the damages for delay from May 11, 201. However, the plaintiff is the person who reserved and received the objection to KRW 300,132,124 on December 10, 2012. The above KRW 300,132,124 in accordance with Article 479(1) of the Civil Act, and the interest for delay accrued until December 10, 2012 [145,740,760 won [=1,803,23,137 x 0.05 x 15 x 225 x 365 days], and thus, the plaintiff's claim is not reasonable.

Inasmuch as the Plaintiff’s claim is partially dismissed, the Defendant is obligated to pay the Plaintiff the amount of KRW 1,648,841,773 (=1,803,233,137 - 154,391,364) remaining to the Plaintiff and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from December 11, 2012 to May 11, 2017, which is the date of this decision, from the next day to the date of full payment.

In conclusion, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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