(영문) 서울북부지방법원 2020.11.04 2020가합24063

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(영문) 서울북부지방법원 2020.11.04 2020가합24063

약정금

Text

The defendant shall pay 348,00,000 won to the plaintiff and 12% per annum from June 17, 2020 to the day of complete payment.

Reasons

1. According to the purport of Gap evidence No. 1 of the judgment as to the cause of the claim and the entire pleadings, if the plaintiff invests money from the defendant around the beginning of April 2016, according to the investment guide that the defendant sent 5% or more per annum to the plaintiff (as stated in No. 1, No. 4, No. 3, and No. 10), the defendant shall increase the profits of the defendant to the investors on a monthly basis at 1%-2%-making, 2%-making at the time of the occurrence of 1%-2%-making, 3-6%-making at the time of the occurrence of profits, and 3%-making at the time of the occurrence of 3-6%-making profit, but if a loss occurs, it shall be announced that the defendant bears the burden of 5% per annum, and this shall be

the principal, and hear the proposal and explanation that the return of the principal will be made within three days from the date of the request, and the same month.

7. The remittance of KRW 5,00,000 to the Defendant, including the remittance of KRW 5,000,00, to the Defendant from that time to February 18, 2020, was remitted to KRW 598,000 under the name of investment, and the Defendant is recognized to have failed to return the remaining investment amount to the Plaintiff, despite the Plaintiff’s request, even though it was later returned to the Plaintiff, at the Plaintiff’s request, KRW 93,20,000 in total on 46 occasions from April 7, 2016 to May 7, 2020.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the remaining investment amount of KRW 348,00,000 (=598,000,000-250,000) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 17, 2020 to the date of delivery of a copy of the complaint of this case sought by the Plaintiff after May 22, 2020) as the agreed return date (as of May 25, 2020, the Plaintiff requested the return of the investment amount of KRW 598,00,000) and the return date (as of May 25, 2020).

2. The defendant's assertion

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