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(영문) 서울중앙지방법원 2017.06.13 2017가합500292
투자금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 205,750,000 and the interest rate of KRW 15% per annum from April 19, 2017 to the date of full payment.

Reasons

1. Following the cancellation of the investment performance contract concluded with the Defendant on April 13, 2015 by the delivery of a duplicate of the complaint of this case on the grounds of the Defendant’s nonperformance of obligation, the Plaintiff’s claim for the return of KRW 150,000,000 and damages for non-performance of obligation (i.e., KRW 4,375,000 x 18 months - 18 months - 23,000,000 x the Plaintiff should have received the unpaid amount from July 1, 2015 to December 31, 2016) and damages for delay from the day following the delivery of a duplicate of the complaint (the service of a duplicate of the complaint of April 18, 2017).

2. Article 208 (3) 3 of the Civil Procedure Act:

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