logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.11.17 2016가단41962
약정금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 29.2 million and KRW 21.2 million among them, from July 30, 2012 to February 4, 2017.

Reasons

1. Facts of recognition;

A. A. Around November 2012, the Plaintiff invested KRW 25 million to Defendant B at the cost related to the operation of the party headquarters. After which, on July 21, 2013, the Plaintiff intended to receive the said investment refund, and agreed that the said agreement is valid if the Defendant paid KRW 21.2 million to Defendant B and Defendant B on July 21, 2013, and paid KRW 3 million in 500,000,000,000,000 to the above Defendant for six months, while paying the said KRW 12 million on the said date.

B. On September 29, 2014, Defendant B, without paying the said money on July 29, 2013, intended the Plaintiff to make a transfer registration of a car in the name of Defendant C to the Plaintiff even though he/she could not make a transfer registration because of a leased vehicle, and the Plaintiff would transfer KRW 12 million, which is the difference between his/her debt amount and the vehicle value, to the Defendant C account, and the Plaintiff wired KRW 12 million to the account in the name of Defendant C on September 25, 2014.

(Defendant B was punished by the above fraudulent act).

On September 26, 2014, the Plaintiff: (a) returned KRW 2 million from the Defendants; and (b) on the same day, Defendant C and Defendant C agreed to pay KRW 10 million by September 29, 2014; and (c) the Plaintiff was additionally paid KRW 2 million from Defendant C on October 1, 2014.

【Based on Recognition, Gap’s evidence Nos. 1 through 4 (a written confirmation, Defendant C’s assertion that the plaintiff was forced to prepare a written confirmation as stated by the plaintiff, but there is no evidence to acknowledge it, and the above assertion is without merit)’s written statement and the purport of the whole oral argument

2. According to the above facts of recognition as to the claim against Defendant B, as to the amount of KRW 29.2 million (the agreed amount of KRW 21.2 million) and the amount of KRW 21.2 million among them, Defendant B is at least 5% per annum as prescribed by the Civil Act from July 30, 2012 following the above due date until February 4, 2017, which is obviously a delivery date of a copy of the complaint of this case, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following date to the date of full payment.

arrow