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(영문) 인천지방법원 2016.04.26 2016가단10093
투자금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from February 19, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 1, 2008, the Plaintiff entered into an investment contract with the Defendant stating that “the Plaintiff invests KRW 30,000,000 in cash to the Defendant, and 50% out of the profits accrued during the said contract period shall be paid to the Plaintiff, and in any case, the Defendant shall guarantee the Plaintiff’s principal of investment.” At that time, the Plaintiff paid KRW 30,000,000 to the Defendant.

B. Upon the Plaintiff’s request for the repayment of the above investment amount, the Defendant, around January 11, 2009, ordered the Plaintiff to return KRW 30,000,000 to the Plaintiff by November 30, 2009, and issued a certificate of borrowing to the effect that the Plaintiff would lose the benefit of time and not raise an objection to any legal measure of the Plaintiff when the said promise is not returned by the said promise date.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 19, 2016 to the day of full payment, as sought by the Plaintiff, with respect to KRW 30,000,000 and the day following the delivery date of the original copy of the instant payment order.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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