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(영문) 인천지방법원 2018.07.18 2017가단229467

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 29, 2013, the Plaintiff: (a) invested KRW 40,000,000 to Defendant B, a senior high school creator; (b) promised the Plaintiff to receive KRW 6,000,000 from KRW 6,000 to KRW 7,000,000 to KRW 3-4 months; and (c) agreed to guarantee the principal amount of KRW 40,000,000 (Provided, That the instant agreement was given three months prior to the recovery) (hereinafter “instant agreement”).

B. Under the instant agreement, the Plaintiff paid Defendant B KRW 40,00,000,000 on April 2, 2013, and KRW 10,000,000 on April 16, 2013, and KRW 10,00,000 on May 26, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) Under the instant agreement, Defendant B is obligated to cancel the instant agreement and pay to the Plaintiff money calculated by the rate of KRW 72,000,000 (=6,000,000 every four months, which is the revenue guaranteed under the instant agreement) and the profit already accrued from the instant agreement, plus KRW 8,00,000 (from March 29, 2013 to March 29, 2017) plus KRW 104,000,000 calculated by deducting the amount of KRW 8,00,000 that has already been paid from each of the above loans to the Defendant’s spouse and the amount of KRW 72,00,000,000 (from July 29, 2017 to the time of returning all the above money) and the amount of money calculated by the agreement between the Plaintiff’s spouse and the Defendant’s spouse’s claim against each of the above Defendant B and the Defendant’s claim against the Defendant’s spouse.

B. Summary of the Defendants’ assertion 1) Since the instant claim for the agreed amount ought to be distributed to the Defendants, it is invalid as an act of anti-social order, which is a criminal act. The Plaintiff was aware of all such circumstances, and thus, the Plaintiff’s claim against Defendant B is without merit.

참조조문