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(영문) 창원지방법원 2018.04.27 2017가단10339
투자금반환
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 131 million and 5% per annum from June 16, 2017 to April 6, 2018.

Reasons

1. Facts of recognition;

A. On April 5, 2016, the Defendants invested KRW 30 million in Defendant B on April 5, 2016 by “the Plaintiff,” and Defendant B repaid the principal by April 5, 2017. The interest shall be paid KRW 500,000 per month and shall be paid KRW 31,00,000 at the time of the principal repayment. Defendant B, who is obligated to pay the principal to the Plaintiff, Defendant C, in the event that the principal is not repaid, was prepared and issued.

On April 6, 2016, the Plaintiff paid KRW 30 million to Defendant B.

B. The Defendants, on June 15, 2016, indicated the Investment Statement (Evidence A 1-2) as “No. 5, 2016.” However, this appears to be a clerical error.

The Plaintiff shall invest KRW 100 million in Defendant B on June 15, 2016, and Defendant B shall repay the principal until June 15, 2017.

Interest shall be paid 1.5 million won per month on the 5th day of each month.

Defendant B is liable to pay the guarantor in the event that Defendant B does not pay the principal to the Plaintiff.

“The” has drawn up and issued an investment certificate and a guarantee.

On June 16, 2016, the Plaintiff paid KRW 100 million to Defendant B.

C. Defendant B paid interest to the Plaintiff by April 2017.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 3 (including virtual numbers) and the purport of the whole pleadings

2. Assertion and determination

A. According to the facts found in the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 131 million ( KRW 31 million) and the damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from June 16, 2017 to April 6, 2018, the delivery date of a copy of the application for modification of the purport of the claim and the cause of the claim, as sought by the Plaintiff, from June 16, 2017 to April 6, 2018, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

B. On June 26, 2017, Defendant B requested the Plaintiff to change the test to pay a part of the Plaintiff’s debt, and the Plaintiff consented thereto.

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