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(영문) 서울중앙지방법원 2020.04.10 2019가합567343
투자금
Text

1. The Defendant’s KRW 25,00,000, and its annual amount from December 14, 2019 to April 10, 2020, respectively, to the Plaintiff.

Reasons

1. The quoted part

(a) Indication of claim: The plaintiff's claim against the defendant for the agreed amount of KRW 225,00,000 based on the performance note dated September 17, 2014

(b) Grounds for recognition: Article 208 (3) 3 of the Civil Procedure Act;

2. The Plaintiff asserts that he lent KRW 30,000,000 to the Defendant on September 17, 2012. However, the Plaintiff’s assertion on this part is insufficient to acknowledge the fact that the Plaintiff lent the above money to the Defendant that is not a stock company C, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion on this part is without merit.

3. According to the conclusion, the defendant is obligated to pay to the plaintiff 225,00,000 won and damages for delay calculated at each rate of 5% per annum under the Civil Act until April 10, 2020, which is the date following the day when the original copy of the instant payment order was served on December 14, 2019, which is the day following the day when the defendant delivered the original copy of the instant payment order.

If so, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims of the plaintiff are without merit, and they are dismissed. It is so decided as per Disposition.

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