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(영문) 서울동부지방법원 2016.05.20 2016가단103928
기타(금전)
Text

1. The Defendant: (a) KRW 30,000,000 for the Plaintiff and 5% per annum from December 3, 2012 to February 1, 2016.

Reasons

According to the statements in Gap 1-3, on December 1, 2012, the plaintiff concluded a joint investment consultation with the defendant to collect funds from the plaintiff and the defendant to take over a place of business, such as coffee shop, restaurant, cosmetic shop, convenience store, etc. in Vietnam. Accordingly, the plaintiff transferred 30 million won to the defendant's account on December 3, 2012, and the progress of the above business was poor, and the plaintiff expressed his/her intention to cancel the above investment contract on the ground of delay of performance on April 2013, and the defendant recognized the above delay of performance and agreed to return the above investment money (15 million won within 2 months, 15 million won within 2 months).

According to the above facts, since the above investment contract was lawfully rescinded due to the defendant's delay of performance, the defendant is obligated to pay to the plaintiff the amount of 30,000,000 investment to its original state, and 5% per annum as stipulated in the Civil Act from December 3, 2012 to February 1, 2016, the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

If so, the plaintiff's claim is justified.

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