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(영문) 부산지방법원 2015.04.28 2015가단5879
투자금
Text

1. The defendant shall pay 40 million won to the plaintiff and 5% per annum from December 1, 2007 to January 6, 2015.

Reasons

According to the purport of the argument in Gap's statement No. 1, the defendant stated on March 29, 2007 that "I will sell in cash the share price of 40 million won in the Lid Co., Ltd. on March 29, 2007 and promise to return to the plaintiff by November 30, 2007," and then write C's name on behalf of the defendant, and then deliver a letter stating the name and signature of the defendant to the guarantor column, and the sale of shares agreed in the above letter is not yet possible.

According to this, the defendant is obligated to pay to the plaintiff 40 million won and damages for delay at the rate of 5% per annum under the Civil Act from December 1, 2007 to April 28, 2015, which is the day following the date of this decision, and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Since the defendant prepared and delivered the above written statement by coercion by the plaintiff, it cannot respond to the plaintiff's request, but there is no evidence to acknowledge it.

The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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