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(영문) 대구지방법원포항지원 2015.08.18 2015가단2551
투자반환금
Text

1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and interest rate of KRW 20% per annum from March 11, 2015 to the date of full payment.

Reasons

1. In light of the purport of the entire argument in Gap evidence No. 1 regarding the cause of the claim, the plaintiff paid a sum of KRW 225 million to the defendant from December 2, 2004 to December 2, 2006 according to the defendant's investment proposal, and the plaintiff and the defendant agreed to return all the invested principal to the plaintiff around early 2007, and there is no counter-proof.

Therefore, according to the above return agreement, the defendant is obligated to pay to the plaintiff the remaining amount of KRW 45 million and damages for delay, which shall be limited to KRW 180,000,000,000,000,000,000 from the person who received reimbursement from the plaintiff.

2. The defendant's assertion is asserted that the defendant paid KRW 10 million, but there is no evidence to acknowledge it, and the defendant's above assertion is not accepted.

In addition, the defendant asserts that the attorney fee of KRW 12.5 million paid in the course of a lawsuit against the non-party C should be deducted, but the defendant's assertion is not accepted since there is no assertion or proof as to the legitimate ground that the above cost should be deducted.

3. Thus, the defendant is obligated to pay to the plaintiff the above 45 million won and the damages for delay calculated at the rate of 20% per annum from March 11, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case. Thus, the plaintiff's claim is justified.

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