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(영문) 수원지방법원안양지원 2016.11.24 2016가단11828
투자금 반환 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 55,00,000 and Defendant B, as from August 9, 2016, respectively.

Reasons

Comprehensively taking account of the overall purport of the pleadings in the statement Nos. 1 through 3 and 6 (including family identification cards attached thereto), the Plaintiff entered into a stock acquisition agreement and a contract for the establishment of branch offices (hereinafter “instant contract”) with Defendant B Co., Ltd. (hereinafter “Defendant B”) around April 15, 2015, setting the price of KRW 200 million, and paid KRW 48 million to Defendant B by November 13, 2015, including the payment of KRW 20 million on April 20, 2015. The Plaintiff decided to terminate the instant contract with Defendant C, the representative director of Defendant B and Defendant B, around December 16, 2015, and the Defendants jointly and severally agreed to return the amount of KRW 55 million to the Plaintiff as the lawsuit against the Defendants.

According to the above facts, the defendants' obligation to pay the agreed amount upon the termination of the contract of this case reaches the due date for the plaintiff's performance. Thus, the defendants jointly and severally are liable to pay the plaintiff 5,000,000 won and the damages for delay calculated at the rate of 15% per annum from August 9, 2016 to the date following the delivery of the duplicate of the complaint of this case to the above defendant, and the defendant C is liable to pay to the above defendant the damages for delay calculated at the rate of 15% per annum from August 10, 2016 to the date of full payment.

Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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