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(영문) 대구지방법원 2016.01.12 2015가단26051
약정금
Text

1. As to KRW 30,00,000 and KRW 15,000 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 15,000 from July 1, 2015, and the remainder KRW 15,00,000.

Reasons

1. Determination on the cause of the claim

A. In full view of the facts without dispute, Gap evidence Nos. 1 through 6, and the purport of the entire pleadings, ① the defendant managed the account under the name of the plaintiff (the plaintiff) at the time when he/she works for the Dong Securities Co., Ltd.; ② the defendant at the time he/she engaged in an unfair solicitation through a principal preservation promise, etc.; ③ the plaintiff suffered investment loss from the account at the time; ④ the defendant offered loan certificates (Evidence No. 2) to the plaintiff around March 30, 2013 while he/she is liable for the loss; ④ the defendant prepared and delivered 30,000,000 won to the plaintiff around January 4, 2014, up to 15,000 won, up to 10,000 won (Evidence No. 1, No. 1, 200,000,000 won) to the plaintiff; ⑤ the remaining 20,015,000 won of the Dong Securities Co., Ltd., Ltd., which was prepared and delivered to the plaintiff on August 29, 15,

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from January 1, 2016 to January 12, 2016, which is the date the Defendant rendered the judgment in this case, for the scope of the Defendant’s performance obligation, from July 1, 2015 to KRW 15,000,000, and for the remaining KRW 15,000,00, from January 13, 2016 to the date of full payment, to the date of the judgment in this case, and for delay damages calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 13, 2016 to the date of full payment.

2. Judgment on the defendant's defense

A. The Defendant is an agreement between the Plaintiff on November 5, 2013 and the subsidiary securities company.

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