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(영문) 수원지방법원 안양지원 2018.10.17 2018가단104236
약정금
Text

1. The Defendant’s KRW 200,000,000 as well as 5% per annum from July 1, 2013 to February 24, 2018 to the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 1, 6, and 9 as to the cause of the claim, the court may acknowledge the fact that the plaintiff received a loan certificate stating that "it would pay the plaintiff KRW 200,000,000 from the defendant from March 8, 2013 up to June 30, 2013" with the payment of money from around 207 to the defendant as a share investment name, but the investment failed. There is no counter-proof.

According to the above facts of recognition, the defendant is obligated to pay the above KRW 200,000,000 to the plaintiff, unless there are special circumstances.

2. The defendant's assertion that the above loan certificate is invalid as a bad declaration of intention, but there is no evidence to acknowledge it, and the defendant's above assertion is without merit.

3. If so, the defendant is obligated to pay to the plaintiff the above KRW 200,000,000 as well as damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from July 1, 2013 to February 24, 2018, which is the service date of the original copy of the payment order in this case, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

The plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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