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(영문) 대전지방법원 2018.05.17 2017가단4437
손해배상(기)
Text

1. The Defendant’s payment of KRW 14 million to the Plaintiff and the Plaintiff’s payment of KRW 15 million from April 1, 2017 shall be 15% per annum.

Reasons

1. Facts of recognition;

A. around September 2014, the Defendant, while making an investment to the Plaintiff, would guarantee the profit if it invests to the Plaintiff.

Accordingly, the Plaintiff’s KRW 50 million for the Defendant, September 5, 2014, and the same month.

6. The investment of KRW 30 million, KRW 40 million on the 16th day of the same month, and KRW 160 million on the 17th day of the same month.

2) However, the Defendant did not invest the investment amount received from the Plaintiff in C. 3) On November 10, 2015, the Defendant paid KRW 100 million to the Defendant as the return of the said investment amount.

B. (1) Around January 2016, the Defendant promised to pay KRW 60 million to the Plaintiff on behalf of the Plaintiff, taking into account the Plaintiff’s face value, interest, etc. (ii) the Plaintiff purchased by the Defendant, and remitted KRW 25 million to D, January 22, 2016, and KRW 1330,000,000,000 to the automobile price purchased by the Defendant.

C. The Defendant remitted to the Plaintiff KRW 10 million on February 8, 2017, and KRW 6 million on October 10 of the same month.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the above findings of determination, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of KRW 15,00,000,000,000,000 for loans related to the purchase of automobiles, and KRW 22,000,000,000,000 for loans related to the purchase of automobiles, and KRW 14,000,000,000,000 after the due date of payment of the above money, which is the day following the delivery date of the complaint of this case claimed by the Plaintiff, to the Plaintiff at the rate of KRW 15,00,000,000,000,000, which is the day after the due date of payment of the above money

3. The plaintiff's claim is justified.

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