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1. Upon receiving a claim for change in exchange at the trial, the defendant shall pay to the plaintiff 69,832,250 won and 56,923.
Reasons
1. Basic facts
A. On October 29, 2012, the Defendant and D, E, F, and G entered into a partnership agreement for joint management of the database (hereinafter “instant partnership agreement”) listed in the separate sheet (i.e., the “instant trust agreement” and (ii) around 35%, Defendant 15%, E28%, F12%, and G10%.
B. The Plaintiff delivered 100 million won to D as the instant investment proceeds, and the Defendant filed a lawsuit against D seeking the return of investment proceeds under Seoul Northern District Court 2014Da12574, which was the Seoul Northern District Court. On July 15, 2014, the said court rendered a judgment ordering D to pay to the Plaintiff 100 million won and the amount calculated at the rate of 20% per annum from April 8, 2014 to the date of full payment (hereinafter “the instant judgment”). The said judgment became final and conclusive at that time.
C. D Automatic withdrawal from the instant association upon the declaration of bankruptcy on April 28, 2014
(Civil Law No. 717 No. 2) d.
The Defendant received their respective shares from F, G on July 3, 2014, and the co-defendant C of the first instance trial (hereinafter referred to as “C”) from E on July 28, 2014.
【Ground of recognition】 The fact that there is no dispute, Gap No. 1, 2, 4, 7, 8, Eul evidence No. 1, fact-finding results of the court of first instance on the fact-finding, the purport of the whole pleadings
2. Upon the Plaintiff’s assertion on March 31, 2017, the Seoul Northern District Court 2017TTTT 2017TTT3829, issued a collection order against KRW 100 million among the equity refund claims arising from the withdrawal of the instant association held by D against the Defendant and C, and served the Defendant with the above collection order. As such, the Defendant, as claimed by the Plaintiff, shall pay the Plaintiff damages for delay to KRW 69,832,250 and KRW 56,923,076 among the collection claims arising from the above collection order.