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(영문) 대구지방법원 2016.05.31 2016가단10497
투자수익금
Text

1. The Defendant calculated the Plaintiff’s KRW 16,00,000 and the interest rate of KRW 15% per annum from February 17, 2016 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 and 1 evidence, the Plaintiff agreed to make an investment together with the Defendant on December 28, 201, to pay KRW 20,000,000 to the Defendant as the investment deposit, and the Defendant, on January 3, 2012, entered into an agreement with the Plaintiff on January 22, 2012, under the name of interest or investment income other than principal, for 18,50,000,000 won per month for 12 months from January 22, 2012 to December 22, 2012. Thus, the Defendant is obligated to pay the Plaintiff the remainder of KRW 4,00,000 after subtracting the Plaintiff’s return from the principal amount of the investment deposit amount of KRW 20,000,000,000 and delay damages.

2. As to the foregoing, the Defendant alleged that he/she paid KRW 13,500,000 in total to the Plaintiff from January 22, 2012 to December 22, 2015, the Defendant agreed to pay KRW 18,500,000 in total for 12 months each month from January 22, 2012 to December 22, 2012. Since the amount of repayment claimed by the Defendant falls short of the above interest or investment amount, according to the statement in the evidence No. 3, the Defendant is recognized to have repaid the said money to the Plaintiff. As seen earlier, the Defendant agreed to pay KRW 18,50,000 in total as interest or investment amount other than the above principal amount of investment in addition to KRW 20,00,00 in total, as well as KRW 20,00 in total,00,00 in total, it is reasonable to deem that the said amount of repayment was appropriated for the payment of the principal.

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.

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