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(영문) 서울남부지방법원 2017.01.17 2016가단236173
투자금반환
Text

1. As to the Plaintiff A’s KRW 57,00,000, and KRW 55,000,000 to the Plaintiff B, and each of the said money from July 1, 2015 to July 2016.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 (including serial numbers), the defendant agreed to pay 35,00,000,000 won to the "Ecafeteria" located in Gwangju Mine-gu operated by the defendant around July 31, 2012, and 30,000,000 won around December 31, 2013, and 30,000,000 won, around 35,00,000,000 won, around July 31, 2012, and 20,00,000,000 won, including 20,000,000,000 won, and 5,00,000,000 won, among the plaintiffs and the defendant around December 20, 2013, the defendant agreed to return the investment principal to the defendant around 2014,2014, respectively.

According to the above facts, the defendant is obligated to pay the interest calculated at the rate of 14.4% per annum, which is the agreed interest rate from July 1, 2015 (the day following the day on which the agreed party can be deemed to have been paid) to the plaintiff Eul and each of the above amounts to be returned to the plaintiff Eul (65,000,000 won - 8,000,000 won), from July 1, 2015 to August 19, 2016 (the day when the complaint of this case was served to the defendant), and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

As to this, the defendant did not conclude an agreement with the plaintiffs to refund the investment amount, and rather, the plaintiffs should share the amount with the defendant, but it is recognized that the defendant concluded an agreement to refund the investment amount with the plaintiffs, and the reasons why the plaintiffs should share the amount with the defendant.

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