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(영문) 광주지방법원 2020.07.14 2019가단540287
약정금
Text

1. Defendant C:

A. 82,50,000 won to Plaintiff A and 3% per month from August 31, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiffs, upon the introduction of E, solicited the Defendants to invest in the F of Chungcheongnam-nam Budget Group F and G ground officetels newly built-out business, which was promoted by Defendant C, and the Plaintiff A transferred the total amount of KRW 50 million from November 11, 2015 to December 16, 2015, and Plaintiff B transferred the total amount of KRW 40 million from November 11, 2015 to each Defendant D’s account.

B. However, investors, including the Plaintiffs, demanded the return of the investment amount to the Defendants, and around April 28, 2017, the Plaintiffs and the Defendants as “a payer,” Defendant C’s payment, and Defendant D’s payment of KRW 82,50,000 to Plaintiff A by August 30, 2017, and if the payment of the said amount is delayed, the payment of damages for delay calculated at the rate of 3% per month for the payable amount shall be paid to Plaintiff B by August 30, 2017, and the document confirming that “Defendant C shall pay damages for delay calculated at the rate of 3% per month for the payable amount” and “Defendant C shall be paid KRW 66,00,000 to the Plaintiff by August 30, 2017,” respectively, was written with a written confirmation form and attached Form 1.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, witness E's testimony, the purport of the whole pleadings

2. Determination as to the claim against Defendant C

A. According to the facts as seen earlier prior to the determination of the cause of the claim, Defendant C is obligated to pay to Plaintiff A the agreed interest rate of 3% per month, which is the agreed interest rate of 82,500,000 won under the agreement and the interest rate of 3% per annum from August 31, 2017 to the date following the due date of the payment of the agreed interest rate of 82,50,000 won, and damages for delay calculated from August 31, 2017 to the date following the due date of the payment of the agreed interest rate of 66,00,000 won under the letter as above, and damages for delay calculated from August 31, 2017 to the date following the due date of payment

(b).

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