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(영문) 창원지방법원 2016.12.08 2015가단72296

기타(금전)

Text

1. The Defendant shall pay to the Plaintiff KRW 23,00,000 and the interest rate of KRW 15% per annum from March 17, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On March 2014, the Plaintiff entered into an investment contract with the Defendant on the content that the Plaintiff invested KRW 30 million in relation to the export business of Thailand, and that the Defendant shall pay the Plaintiff earnings. The main contents are as follows.

(hereinafter referred to as “instant investment contract”). (Omission) Article 2 / [Definitions]

1. The term “business” means a business carried out by the Plaintiff’s financing, which is specifically implemented by D in the form of export to E.

2. The term "investment" means that the Plaintiff pays a agreed amount of investment for the Defendant's business and collects a certain percentage of investment profits from the sales of the pertinent business;

Article 3 [Investment Funds] The Plaintiff’s investment funds under this Agreement shall be:

1. Total amount invested: Article 4 [Distribution of Profits] of the 30 million won in daily gold (30,000,000); and

1. 원고와 피고는 제3조의 원고의 투자에 대한 수깅ㄱ의 분배는 피고의 사업의 수출시마다 발생하는 수출물량에 따른 수익의 일정금액(700만 원)을 입금한다.

(b) Article 6 [Good Faith and Sincerity]

1. The plaintiff and the defendant shall perform their duties on the basis of mutual trust and good faith in the investment and management of the business.

2. The Plaintiff’s business stability is to prevent the Plaintiff from withdrawing the investment money within the investment period set for the Defendant’s business stability.

3. The defendant shall contribute to early recovery of the plaintiff's investment money and the generation of profits by making full management of the business to prevent losses to the plaintiff's investment.

Article 7 (Investment Period)

1. The plaintiff and the defendant shall set the term of this investment contract at 18 months from the date of deposit of investment money.

2. Upon the expiration of a contract, the Plaintiff shall not raise any objection to the other party against the portion of the investment loss.

[Termination]

1. At least three months when early recovery of the investment is required due to the Plaintiff’s inevitable circumstances.