(영문) 서울중앙지방법원 2018.10.23 2017가단5235138

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.10.23 2017가단5235138

약정금

Text

1. The defendant shall pay to the plaintiff KRW 255,808,219 as well as KRW 200,000 among them, from August 9, 2018 to the day of full payment.

Reasons

1. The fact of recognition that the Plaintiff made an investment of KRW 100 million between the Defendant and the Defendant on October 16, 2015, the Defendant agreed to immediately return the principal and KRW 20% per annum after the lapse of 12 months upon the Plaintiff’s request. Accordingly, the Plaintiff paid KRW 100 million to the Defendant on October 19, 2015, the Plaintiff entered into an agreement with the Defendant on February 13, 2016, and additionally paid KRW 100 million to the Defendant on February 13, 2016. The fact that the Plaintiff demanded the return of each of the above investments from around March 2017 that the Plaintiff requested the Defendant to return the said investments does not conflict between the parties, or that it is recognized based on the respective entries in subparagraphs 1 through 4, and the purport of the entire pleadings.

Meanwhile, on August 8, 2018, after the filing of the instant lawsuit, the Plaintiff was paid KRW 50 million from the Defendant on August 8, 2018.

2. According to the facts found above, the defendant is obligated to return the investment principal and profits to the plaintiff according to each agreement. The amount to be returned by the defendant as of August 8, 2018 is KRW 100 million as of October 19, 2015, and KRW 56,109,589 as of October 19, 2015 (10 million from October 19, 2015 to August 8, 2018 x 294/365 x 0.2, 0.2, less than won x 0.2, 0.2, and less than won ; hereinafter the same shall apply), the investment principal and profits from KRW 49,698,630 as of February 13, 2016 (10 million x 17/1060 to August 13, 2018 x 36/500, 20505.205).

Therefore, the defendant is obligated to pay to the plaintiff 25,808,219 won and 200,000,000 won with 20% interest per annum pursuant to the agreement from August 9, 2018 to the date of full payment.

The plaintiff's claim exceeding the above amount is without merit.

3. To accept part of the Plaintiff’s claim for conclusion

유사 판례

-서울남부지방법원 2016.01.12 2014가합110151

-대전지방법원천안지원 2019.01.18 2018가합957

-인천지방법원 2017.01.13 2016가합56546

-서울서부지방법원 2018.05.17 2017가합1981

-서울중앙지방법원 2014.10.24 2014가합26649 (1)