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(영문) 대구지방법원 2016.09.29 2016가합2622
약정금
Text

1. The Defendant’s KRW 315,00,000 and the Plaintiff’s annual rate of KRW 5% from March 1, 2016 to June 9, 2016.

Reasons

1. Facts of recognition;

A. On September 22, 2015, the Plaintiff entered into an agreement with the Defendant to receive return on investment with the investment principal and 50 percent thereof by February 29, 2016, on the aggregate of KRW 210 million (=30 million KRW x 7 units) with respect to the total of 7 units of officetels (103 through 109) in the establishment of the regional housing association of the “C District Housing Association for the purpose of constructing the apartment, officetels, and ancillary welfare facilities” (i.e., the total of KRW 30 million).

B. On the same day, the Plaintiff paid KRW 200 million to the Defendant, and received a certificate of borrowing from the Defendant to the Defendant to return KRW 315 million in total ( KRW 45 million) up to February 29, 2016, a total of KRW 315 million ( KRW 45 million), which is the sum of the investment principal per unit and the agreed income on the investment principal and the agreed income thereof.

【Reasons for Recognition】 Each description of evidence Nos. 1 and 2 (including paper numbers) and the purport of the whole pleadings

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff the total sum of the investment principal and agreed income (45 million won x 7 units) that the Plaintiff promised to pay in accordance with the above agreement and the damages for delay calculated by the rate of 15% per annum under the Civil Act from March 1, 2016, which is the day following the date of return of the agreement, until June 9, 2016, the delivery date of the original copy of the instant payment order, which is the date of delivery of the original copy of the instant payment order, and from the next day to the date of full payment.

3. If so, the plaintiff's claim is justified.

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