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(영문) 대전지방법원천안지원 2017.04.19 2016가단9663
약정금
Text

1. The Defendant’s KRW 80,000,000 as well as its annual rate from July 1, 2009 to July 15, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 25, 2009, the Defendant drafted a responsibilities note (Evidence A1, 2000, hereinafter referred to as “each of the instant notes”) stating to the Plaintiff that “The Defendant will return to the Plaintiff the amount invested in daily KRW 100,000 (10,000) as the return cycle by June 30, 2009.”

B. The Plaintiff’s KRW 20,000,000, out of the 100,000,000 stated in each of the instant notes, is obligated to pay to C, and the Plaintiff’s amount to be paid from the Defendant under each of the instant notes is KRW 80,00,000.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the defendant is obligated to pay to the plaintiff the amount of KRW 80,000,000 by June 30, 2009. Thus, the defendant is obligated to pay to the plaintiff the amount of KRW 80,000,000 according to the agreement of this case and the amount of KRW 80,000 following the due date for payment. From July 1, 2009 to July 15, 2016, the delivery date of the duplicate of the complaint of this case, the amount of KRW 5% per annum as stipulated in the Civil Act, and the amount of delay damages calculated by the rate of KRW 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of

B. Judgment on the defendant's argument (1) The plaintiff's argument was invested in D Co., Ltd. and not invested in the defendant.

Although the Defendant had received investments from E in the process of operating mining business in E and Switzerland, which is the actual operator of D, the Defendant did not know that the Plaintiff invested money at the time.

As such, where the defendant borrowed money from the plaintiff or did not receive any investment, he/she is believed to be not responsible even if he/she prepares the letter of this case, and thus, the defendant is not responsible for it.

(2) However, the instant letter shall be paid the amount agreed upon by the Defendant to the Plaintiff.

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