투자금 반환 등
1. Defendant E is 5% per annum from November 3, 2019 to October 14, 2020, with respect to Plaintiff B’s KRW 75,800,000, and this.
1. Determination as to Plaintiff A’s claim
A. The Plaintiff asserted that the Plaintiff invested KRW 5,00,000,000 in Defendant C Co., Ltd. (hereinafter “Defendant C”) on April 4, 2016, and KRW 5,000,000 on April 20, 2016, and KRW 5,000,000 on June 20, 2016, and KRW 25,000,000 on July 20, 2016, and KRW 50,000,000 on August 30, 2016.
On September 2017, the Plaintiff and Defendant C agreed to immediately return KRW 50,000,000,000 of the Plaintiff’s investment to a policeman at first time.
Nevertheless, Defendant C returned only KRW 9,670,00 to the Plaintiff on September 15, 2017, and thus, Defendant C should pay the remainder of the investment amount of KRW 40,330,000 and delay damages.
The Plaintiff invested KRW 45,670,000 in total,00,000 on October 18, 2016 to Defendant D (hereinafter “Defendant D”) and KRW 45,670,000 on January 9, 2017, and KRW 200 on June 20, 2017, KRW 15,00,000 on July 23, 2017, and KRW 670,000 on September 19, 2017, and KRW 42,00 on September 22, 2017.
around March 2019, the Plaintiff and Defendant D agreed to immediately return KRW 45,670,000 of the Plaintiff’s investment.
Nevertheless, Defendant D returned only KRW 13,200,000 to the Plaintiff on April 9, 2019, and thus, Defendant D should pay the remainder of the investment amount of KRW 32,470,000 and damages for delay.
B. We examine whether an agreement was concluded between the Plaintiff, Defendant C, and D on the return of investment funds.
The financial investment contract (Evidence A) signed between the Plaintiff and Defendant C as of April 3, 2016 between the Plaintiff and the Defendant is limited to the Plaintiff’s investment of KRW 50,00,000 in Defendant C and the distribution of a certain ratio of sales from Defendant C as profits, and there is no content that the Plaintiff shall guarantee the return of the investment amount.
Although the said investment contract states that “the Plaintiff shall not recover the franchise due to a simple change, etc.,” it cannot be said to the purport that it will return the principal of the investment.
An investment contract between the Plaintiff and Defendant D was not submitted as evidence.
The Plaintiff and Defendant C have made their respective investments around September 2017, and the Plaintiff and Defendant D around March 2019.