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(영문) 부산지방법원 2016.09.06 2016가단317784

투자금 반환

Text

1. The Defendants: (a) from June 1, 2015 to July 27, 2016, each of the Plaintiff KRW 50,000,00, and the Defendants’ respective of them.

Reasons

1. Facts of recognition;

A. On May 18, 2007, under Defendant C’s guarantee, the Plaintiff entered into an investment contract with Defendant B with the content that the product group, investment amount of KRW 20 million, investment amount of KRW 20 million, investment amount of KRW 20 million per month, and investment amount of KRW 24 months, and the investment period of KRW 24 months, but the collection of the investment amount delayed after the lapse of 24 months, and at the request of the Plaintiff, Defendant B would settle the investment return.

B. On the same day, the Plaintiff paid KRW 20 million to the Plaintiff, and received a cash custody certificate from the Defendants that the Plaintiff paid KRW 20 million to the Plaintiff at the expiration of the contract term.

C. On November 21, 2007, under Defendant C’s guarantee, the Plaintiff entered into an investment contract with Defendant B to invest KRW 30 million under the same conditions as the investment contract of May 18, 2007 (hereinafter “each of the instant investment contracts”) and issued a certificate of cash custody to the effect that the Plaintiff shall pay KRW 30 million to the Defendants at the expiration of the contract term, including the investment contract of May 18, 2007.

Defendant B suspended the payment of 1 million won (total amount of 50 million won x 2%) as a result of the monthly profit around December 2014, but paid 5 million won as a result of the five-month profit around December 15, 2015, Defendant B did not pay the Plaintiff the profit.

E. A duplicate of the complaint of this case, which contained an expression of intent to terminate each of the instant investment contracts on the grounds of Defendant B’s nonperformance, including the Plaintiff’s failure to pay profits, was delivered to Defendant B on July 27, 2016, and to Defendant C on May 23, 2016.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are obligated to pay the Plaintiff earnings to the Plaintiff until the Plaintiff terminates each of the investment contracts of this case due to delay in the payment of the profits, and upon termination of each of the investment contracts of this case, the settlement of investment profits and the settlement amount shall be paid.