투자금 등 반환
1. The Defendant’s KRW 3,400,000 and the Plaintiff’s annual interest thereon from July 21, 2016 to January 19, 2017.
In full view of the purport of each statement in Gap evidence 1 and Eul evidence 3-1, the defendant made an investment of KRW 6,500,000 among the plaintiff on May 12, 2015, and where the plaintiff invested in Chinese canal construction projects and did not distribute profits equivalent to the investment principal to one million won from the above investment company, the defendant agreed to be liable for the payment of the amount equivalent to the investment principal. The plaintiff remitted KRW 3,400,000 to the corporate bank account (Account Number D) in the name of the above investment company on the same day. Since it is recognized that the plaintiff did not have been fully distributed profits from the above investment company until the date of the closing of the argument in this case, the defendant is liable to pay the plaintiff KRW 3,400,000, which is equivalent to the above investment principal, in accordance with the above agreement.
On May 12, 2015, the Plaintiff claimed that the Plaintiff is obligated to pay KRW 3,100,000,000,000, which is the amount equivalent to the said investment, to the Plaintiff, since the Plaintiff invested in the said investment company more than KRW 3,100,00, but did not fully distribute the profit therefrom from the said investment company.
Accordingly, the judgment below is insufficient to acknowledge the fact that the Plaintiff made an investment of KRW 3,100,000 in the said investment company on May 12, 2015 by itself, to the effect that the Plaintiff withdrawn KRW 2,400,000 from its bank account on May 12, 2015, and there is no other evidence to acknowledge this, the Plaintiff’s assertion is rejected.
In addition, the Plaintiff, even after being solicited by the Defendant to make more investments in the said Investment Company, and if the said Investment Company fails to receive the profit equivalent to the principal of the investment from the said Investment Company, the Defendant additionally agreed to pay the amount equivalent to the principal of the investment to the said Investment Company. Accordingly, the Plaintiff invested KRW 19,500,000 in the said Investment Company and KRW 19,500,000 in total, including KRW 6,500,000 on June 2, 2015, and thereafter, invested from the said Investment Company.