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(영문) 서울중앙지방법원 2020.01.17 2019가합518082

약정금 조정신청

Text

1. The Defendants shall pay to each Plaintiff the amount of KRW 802,500,000 and KRW 400,000,000 among them. < Amended by Act No. 8765, Oct. 1, 2007>

Reasons

1. Basic facts

A. On May 9, 2006, when the Plaintiff invested in the business of the Defendants, the Plaintiff and the Defendants paid 2% interest and 70% investment profits per month to the Plaintiff, and settled the profits of the month as of the end of each month. The Defendants notified the Plaintiff of the details of the business once every month in writing to the Plaintiff. The investment period is three months from the date of conclusion of the contract, but the period may be extended by declaration of intention to the other party ten days prior to the expiration of the contract (hereinafter “instant investment contract”).

B. The Plaintiff paid to Defendant B the amount of KRW 50,000,000 on May 9, 2006, and KRW 150,000,00 on August 4, 2006, respectively, with the investment money under the instant investment contract.

C. On August 18, 2006, the Plaintiff and the Defendants reduced the Plaintiff’s investment profits to 60%, and instead guaranteed the Plaintiff the minimum investment profits of KRW 462,50,000, and paid the Plaintiff the said minimum investment profits by October 31, 2006 (hereinafter “instant amendment agreement”), but agreed to maintain the remainder of the contract as it is.

The Plaintiff, on September 30, 2006, notified the Defendants of the intent not to extend the period of the instant investment contract on the grounds that the Defendants paid interest on the investment amount only until September 30, 2006, and only paid KRW 60,000 among the minimum investment income, but did not perform the obligation to notify the settlement of accounts and the details of the business under the instant investment contract.

E. The Plaintiff filed a lawsuit against the Defendants against the Seoul Central District Court 2008Gahap91987, seeking payment of KRW 802,500,000 and interest and delay damages thereon, including the total of KRW 402,500,000 and the accrued amount of minimum investment income under the investment contract of this case, and KRW 402,50,000,000. The above court held on January 8, 2009, for each of the Defendants as to KRW 802,50,000 and KRW 400,000 among them. < Amended by Act No. 8000, Oct. 1, 2007>