beta
(영문) 춘천지방법원 2019.12.18 2019가합51195

약정금

Text

1. The Defendant: (a) KRW 160,00,000 to the Plaintiff (Appointed Party); and (b) KRW 600,000 to the appointed Party C; and (c) to each of them. < Amended by Presidential Decree No. 24205, Jan. 1, 2

Reasons

1. The Plaintiff (Appointed Party) and the Appointed C (hereinafter collectively referred to as “Plaintiffs”) made an investment agreement with the Defendant on September 4, 2014 that “The Plaintiff shall invest KRW 300 million in the construction of apartment buildings and studio (or KRW 100 million in the case of an agreement) and KRW 350 million in the case of an agreement, and the period of investment shall be one year, and shall be returned in advance, and a 100% amount shall be paid in the profits of the investment amount shall be 10% if the return is requested.” Under the agreement, the Plaintiffs (Appointed Party) made an investment agreement that “the total amount of KRW 100 million from September 29, 2014 to October 30, 2014, KRW 100 billion shall be KRW 600,000,000,000,0000,000,000 won shall be KRW 608,000,000,00 won,00.

However, the plaintiffs and the defendant did not clearly agree on the time of return of investment money or profits when they enter into an investment agreement on September 4, 2014 (Article 2) and did not specify the time of return of investment money or profits (it cannot be readily concluded that the defendant agreed to return investment money on the day after the lapse of one year from the date of agreement). It is reasonable to view that the defendant's obligation to return investment money and pay profits to the plaintiffs is an obligation with no fixed time limit. Thus, damages for delay shall be paid from November 15, 2019 after the copy of the complaint of this case containing the plaintiffs' declaration of intent to claim the return of investment money is delivered to the defendant.