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(영문) 의정부지방법원 2016.10.11 2016가단11646
투자금 반환
Text

1. The defendant's KRW 15,00,000 for each of the plaintiffs and 5% per annum from October 20, 2005 to July 2, 2016, respectively.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act applicable provisions of Acts.

3. Some of the plaintiffs shall revoke a joint investment contract against the defendant, and seek for the payment of the total amount of KRW 45 million and interest and delay damages on each of them.

However, in cases where there are several obligees or obligors, each obligee or obligor has rights in equal ratio and bears obligations (Article 408 of the Civil Act), and there is no special declaration in the contract between the Plaintiffs and the Defendant on the joint investment and distribution of market price profits made on October 20, 2005. Therefore, it is reasonable to deem that the Plaintiffs’ above claims are divided claims.

Therefore, the defendant bears the obligation to pay interest and delay damages to the plaintiffs each of 15 million won and the interest and delay damages.

Therefore, the plaintiffs' claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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