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(영문) 창원지방법원 2020.11.13 2019가단120575

투자금 등 반환

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 100,000,000 as well as its annual interest from July 1, 2019 to October 17, 2019.

Reasons

1. Facts of recognition;

A. On April 3, 2015, the Plaintiff is an investor who invested KRW 100 million in Defendant B Co., Ltd. (hereinafter “Defendant Company”) running a gold-type manufacturing business, and the Defendant C is an internal director of the Defendant Company.

B. On April 3, 2015, the Plaintiff drafted a written investment trading agreement between the Defendant Company and the end of the transaction from April 2015, stating that KRW 20 per kg per kg of the steel plate weight shall be paid as investment earnings.

C. From June 1, 2015 to July 13, 2019, the Defendant Company paid KRW 102,000,000 per month to the Plaintiff, in total, KRW 2 million.

【Ground of recognition】 The fact that there has been no dispute, the entry of Gap evidence 1 to Gap evidence 4, and the purport of whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion and the Defendants: (a) paid the investment profit amount of KRW 2 million each month after the written agreement on investment transaction; and (b) returned the principal amount of KRW 100 million by April 30, 2018; and (c) if the Defendants did not pay KRW 200,000 per month, the Plaintiff agreed to immediately return the amount of KRW 100,000,000 per month,

However, the Defendants paid a return on investment until June 2019 and did not thereafter pay the return on investment. Around July 13, 2019, the investment agreement was automatically terminated, and at least the same time the investment agreement was terminated by delivery of a duplicate of the instant complaint. As such, the Defendants are jointly and severally liable to refund the amount of KRW 100 million and the damages for delay to the Plaintiff.

B. First, we examine the claim against the defendant company.

In full view of the aforementioned evidence, evidence No. 5, witness D’s testimony in this court, etc., it is reasonable to deem that the Defendant Company agreed to pay the Plaintiff a fixed amount of 2 million won per month after the preparation of the above investment transaction agreement. As long as the Defendant Company failed to pay it after June 2019, the above investment agreement was terminated by the delivery of a copy of the complaint of this case.

I would like to say.

Accordingly, Defendant.