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(영문) 서울서부지방법원 2017.10.12 2015가합31070
투자금반환
Text

1. The defendant shall within the scope of the property inherited from the network D, and each of the plaintiffs shall be KRW 100,000,000 and each of the above.

Reasons

1. Facts of recognition;

A. From August 6, 2010 to May 29, 2014, the Plaintiffs concluded an investment delegation agreement equivalent to KRW 450,000,000 as indicated below with the U.S. network D (hereinafter “the network”).

Plaintiff B’s temporary investment amounting to KRW 450 million on August 6, 2010, Plaintiff A, as KRW 100 million on May 30, 2012, KRW 150 million on June 19, 2012, KRW 150 million on April 28, 2014, KRW 50 million on May 29, 2014, KRW 50 million on May 29, 2014.

B. As the Deceased died on September 22, 2014, on October 31, 2014, the deceased’s father E, mother F, E, E, E, E, E, E, E, Magmo G, H, C, C, C, and Mamo K filed a request for the waiver of inheritance with the Seoul Family Court 2014 Madan30757, which was the first instance court on October 31, 2014. The above court accepted the request on May 14, 2015, and the Defendant solely succeeded to the Deceased, who was the third village of the deceased. On September 14, 2015, the Defendant received the said report on May 19, 2017 by filing a request for a re-approval approval inherited by the Seoul Family Court 2015-Ma3163.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the investment delegation contract between the deceased and the plaintiffs was terminated on September 22, 2014 due to the death of the deceased.

The defendant was the only heir of the deceased due to the prior order of the deceased and the renunciation of inheritance by the deceased.

Therefore, the defendant is obligated to pay damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 9, 2017 to the date of complete payment, as requested by the plaintiffs among the investments made to the plaintiffs within the scope of inherited property of the deceased, on the day following the delivery date of a copy of the application for change of claim and cause of claim in this case.

The plaintiff is entitled to pay damages for delay calculated at the rate of 20% per annum from the day after the delivery date of the copy of the complaint to the day of full payment. However, the main sentence of Article 3 (1) of the Act on Special Cases Concerning

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