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(영문) 부산지방법원서부지원 2017.09.29 2017가단2784
투자금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and the interest rate of 15% per annum from April 28, 2017 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff is Defendant B Co., Ltd. (hereinafter “Defendant Company”) around December 2016.

(2) The Plaintiff and the Defendant agreed to terminate the above investment agreement as well as to return the investment amount of KRW 100 million to the Plaintiff, and paid KRW 50 million to the Plaintiff, which is the representative director of the Defendant Company. Defendant C, who is the representative director of the Defendant Company, agreed to pay the Plaintiff a debt owed by the Defendant Company with respect to the above agreement.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1 and 2

B. If so, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 28, 2017 to the day of full payment, which is the day following the delivery date of the original original payment order for the payment order for KRW 50 million and its payment

2. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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