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(영문) 수원지방법원 2018.09.19 2018가단80
투자금 상환 등
Text

1. The Defendant shall pay to the Plaintiff KRW 81,590,000 and the interest rate of KRW 15% per annum from December 20, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 16, 2016, the Plaintiff and the Defendant concluded an agreement on the production and sale of fuel saving devices (hereinafter “instant agreement”) (hereinafter “instant agreement”), and the content of the said agreement (Evidence A 1; hereinafter “instant agreement”) are as follows.

B A

B. From March 17, 2016 to August 9, 2016, pursuant to the instant agreement, the Plaintiff disbursed KRW 81,590,000 (hereinafter “instant investment funds”) in total as the development cost of fuel reduction-related program, gold production cost, etc.

C. Along with the manufacturing and marketing of fuel-saving machinery products, the Plaintiff’s conclusion of the instant agreement on September 12, 2017.

1. Based on Paragraph 1., by December 12, 2017, a content-certified mail demanding the repayment of the instant investment amount (hereinafter “instant notice”) was sent to the Defendant, which reaches the Defendant around that time.

On November 29, 2017, the Defendant sent to the Plaintiff content-certified mail, which is contrary to the instant notification, which reaches the Plaintiff around that time.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 13, the purport of the whole pleadings

2. Determination of the cause of the claim is completed as to the instant agreement.

According to paragraph (1) of the same Article, where the plaintiff requests the defendant to return the amount invested by him/her, the defendant is obliged to return the amount invested by the plaintiff to the plaintiff within three months from the time of receipt of the above request.

In addition, according to the facts acknowledged earlier, it can be known that three months have elapsed since the Plaintiff’s notice of this case requesting the return of the instant investment amount was delivered to the Defendant, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from December 20, 2017 to the date of full payment, as the Plaintiff’s notice of this case was served on the Defendant, as sought by the Plaintiff.

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