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1. The defendant shall pay 250,500,000 won to the plaintiff and 12% per annum from September 19, 2019 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On May 8, 2012, the Plaintiff entered into an agreement on the delegation of investment with the Defendant, who worked as a consultant for asset management of C Co., Ltd., and agreed to make an investment of KRW 133,500,000 in total over ten times from that time until December 10, 2013.
B. On December 14, 2013, the Plaintiff prepared an investment delegation agreement with the Defendant on the investment deposit stated in the said paragraph, and the said investment delegation agreement states that “The Defendant stated “7,167,600 won out of the Plaintiff’s profits (Evidence A 5)” as “7,167,600 won,” but this appears to be a clerical error in the “7,167,600 won.” The payment of the remainder is completed; the remainder is currently being operated until now; the delegation period is up to December 31, 2014; the revenue is up to December 31, 2014; the revenue is up to 90-100% (including fees) of the principal amount; and it is operated including the principal amount at the time of renewal.”
C. On April 9, 2014, the Plaintiff paid an additional amount of KRW 20,000,000 to the Defendant.
However, according to the oral agreement with the defendant that decided to delegate an investment with the same content as the above investment delegation agreement (However, the amount to be delegated was changed to KRW 155,350,000), the defendant paid an additional amount of KRW 67,540,416 to the defendant from September 14, 2014 to February 9, 2018.
On April 23, 2018, the defendant paid to the plaintiff under the above investment delegation agreement as KRW 228,00,000 in relation to the amount that the plaintiff paid to the plaintiff on April 23, 2018. Interest shall be paid KRW 1,50,000 on the 25th day of each month, and KRW 4,000,00 in half-yearly ( June, December), and the principal shall be paid KRW 8,00,00 until April 30, 2018; KRW 20,000,000 until May 30, 2018; and KRW 20,000,000 until December 30, 2018; and KRW 1,50,000 in the case of repayment by the defendant on December 30, 2019; and KRW 30,000,000 on the 20,300,201.