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(영문) 인천지방법원 2016.09.21 2016가단22980
투자금등
Text

1. The defendant shall pay 35 million won to the plaintiff and 15% per annum from April 27, 2016 to the date of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of pleadings as to the cause of the claim Gap's evidence Nos. 1-1 and 3, the defendant is obligated to pay to the plaintiff, on February 15, 2016, the total amount of KRW 5 million with the card amounting to KRW 25 million and KRW 5 million with the card amount lent by the plaintiff's card, and KRW 35 million with the personal debt amount to the plaintiff. Thus, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 35 million and the damages for delay calculated at the rate of KRW 15 percent per annum from April 27, 2016 to the date of full payment.

2. Judgment on the defendant's assertion

A. The Defendant asserts that the agreement on February 15, 2016 is either a declaration of intention made by the Plaintiff’s coercion or a declaration of intent made by mistake, and thus the revocation is made, the health care room, the Defendant appeared on the date of the first pleading of the instant case on July 13, 2016 and presented the evidence as to the said assertion by July 31, 2016, and the instant court ordered the Defendant to submit the said evidence by July 31, 2016. However, the Defendant did not perform this and did not appear on the date of the second pleading of the instant case on August 31, 2016, and there is no evidence to acknowledge the Defendant’s allegation.

B. The Defendant asserted that the Plaintiff repaid the total amount of KRW 6,310,000 to January 27, 2016 from September 3, 2015 to January 27, 2016, but this is not the Defendant’s remittance to the Plaintiff by February 15, 2016.

3. It is so decided as per Disposition by admitting the plaintiff's claim.

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