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(영문) 대구지방법원 2020.01.31 2019가단17697
투자금
Text

1. The extinctive prescription of a claim based on the conciliation protocol of September 21, 2009 for the Daegu District Court 2009Gahap7018 Investment Funds case.

Reasons

1. In fact, the conciliation was concluded as follows in the conciliation protocol (hereinafter referred to as the “instant conciliation protocol”) on September 21, 2009 from the case of claiming investment funds against the Defendant (Tgu District Court 2009Dahap7018) filed by the Plaintiff against the Defendant.

1. The Defendant shall pay KRW 90 million to the Plaintiff; among them, KRW 10 million shall be paid up to November 30, 2009, KRW 10 million up to January 30, 2009, KRW 70 million up to January 31, 2010, and KRW 70 million up to May 31, 2010.

2. If the Defendant neglected to pay the installment under paragraph (1) one time, he shall lose the benefit of the time, and the Defendant shall immediately pay to the Plaintiff the remainder and the remainder of the principal under Paragraph (1) plus damages for delay calculated at the rate of 20% per annum from the day after he loses the benefit of due to the remainder and the remaining principal

(hereinafter / [Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 and 2, the purport of the whole pleadings

2. As a judicial claim for the interruption of extinctive prescription, the Plaintiff has a benefit to seek confirmation of the instant lawsuit filed.

(see Supreme Court en banc Decision 2015Da232316, Oct. 18, 2018). 3. Conclusion of the Plaintiff’s instant claim is acceptable on grounds of its reasoning.

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