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(영문) 서울동부지방법원 2017.11.29 2017가단121855
기타(금전)
Text

1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and 5% per annum from December 1, 2016 to April 18, 2017; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 28, 2015, the Plaintiff transferred KRW 50,000,000 as a share investment deposit account to C.

B. On November 11, 2016, the Defendant and D prepared and delivered a cash custody certificate (the custodian D and the Defendant as the joint and several surety) stating that the Plaintiff shall keep the said KRW 50,000,000,000, and return the said money until November 30, 2016.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole pleading

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff KRW 50,000,000 as well as damages for delay calculated at the rate of 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day of the payment date until April 18, 2017, on which the original copy of the instant payment order was served on the Defendant, pursuant to the agreement made on November 11, 2016.

3. citing the Plaintiff’s claim.

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