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Reasons
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(영문) 서울서부지방법원 2016.08.25 2015가단218498
약정금
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1. The Defendant’s KRW 135,860,00 for the Plaintiff and KRW 5% per annum from May 15, 2014 to May 14, 2015.

Reasons

1. Facts of recognition;

A. On October 15, 2010, the Defendant had the right to make an investment by inducing the Plaintiff to pay money by investing in futures options or claims. The Plaintiff invested KRW 170,660,000 in total to the Defendant from around that time until November 23, 2012, including investing KRW 20,000,000 in October 18, 2010.

B. As the Plaintiff demanded a police officer in early 2013 to return the proceeds or the invested principal to the Defendant, the Defendant agreed to return the invested principal to the Plaintiff. The Defendant returned KRW 500,000,000 to the Plaintiff on February 26, 2013, KRW 100,000 on February 27, 2013, KRW 300,000 on March 11, 2013, KRW 400,00 on March 12, 2013, KRW 10,000 on March 12, 2013, KRW 200,000 on March 21, 2013, KRW 200,000 on February 5, 2014, and KRW 400,000 on May 14, 2018, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. In light of the Plaintiff’s assertion, the Defendant agreed to return the investment principal to the Plaintiff, and the Defendant is obligated to return KRW 135,860,000 which has not yet been returned out of the above investment principal, and the Defendant, as the Defendant, by deceiving the Plaintiff and by deceiving the Plaintiff, acquired the above KRW 170,660,00 under the pretext of the investment principal, is obligated to return KRW 135,860,00 which has not yet been returned.

3. The fact that the Defendant agreed to return the investment principal to the Plaintiff is as seen earlier. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of 135,860,000 won (=170,660,000 won-34,800,000 won) out of the investment principal and 5% per annum from May 15, 2014 until May 14, 2015, the delivery date of the copy of the instant complaint, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

(A) Since the plaintiff's primary cause of claim is accepted, it shall not be judged separately with respect to the primary cause of claim.

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