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(영문) 서울중앙지방법원 2015.09.24 2014가단205308
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 30,000,000 and 20% per annum from January 20, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 5, 2012, the Plaintiff invested KRW 30,000 in E Co., Ltd. (hereinafter “E”) on the recommendation of the Defendants, subject to the guarantee of the return of principal and the payment of monthly interest (two copies).

B. At the time of the investment, the Plaintiff was issued a letter as follows (hereinafter “instant agreement”) from the Defendants, who are the head of E, the head of E, the deputy head, and the vice head:

E would be jointly and severally liable by the Defendants if any loss of the principal of 30 million won invested by the Plaintiff (not later than 05-204 March 04, 2012) occurs.

C. The plaintiff in the same year

7. 0.30 million won;

8. 13. 13. 50 million won was additionally invested (total of KRW 1.10 million), and the representative F of E around the end of August of the same year was detained due to a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and the management of the company was suspended, making it impossible for the Plaintiff to receive the return of principal.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the agreement of this case is jointly and severally guaranteed by the Defendants with respect to the obligation to return the principal amount to the Plaintiff, and barring any special circumstance, the Defendants are jointly and severally liable to pay 30 million won and damages for delay to the Plaintiff with E.

B. The Defendants’ assertion and determination made by the Defendants, upon the arrest of F, agreed to pay the Plaintiff’s investment amount in consultation with the Plaintiff and the Defendants to the actual manager G of H (hereinafter “H”) who was in charge of pension project at the time when F was bound by F, with the amount of KRW 4 billion capital, and purchased real estate at the time. This constitutes a novation under the Civil Act, and thus, constitutes the termination of the Plaintiff’s principal obligation to the Plaintiff and the Defendants, and thus, there was an implied agreement between the Plaintiff and the Defendants to extinguish joint and several liability obligations under the instant agreement, which are subordinate to the Plaintiff, as well as the extinguishment of the principal obligation to the Plaintiff.

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