약정금반환
1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 15% per annum from June 22, 2016 to the day of complete payment.
1. The following facts are found either in dispute between the parties or in combination with the purpose of the entire pleadings, either in Gap evidence 1, 2, and Eul evidence 2:
A. On December 2012, the Defendant selected as an entrusted operator of the Go Chang-gun C Experience Center (hereinafter “instant C Experience Center”) located in Chang Chang-gun, Chang Chang-gun, North Korea (hereinafter “the instant C Experience Center”) entered into an investment agreement with the Plaintiff and D regarding the instant C Experience Center’s business (hereinafter “instant investment agreement”) and entered into an investment agreement with the Plaintiff and D, and the main contents thereof are as follows.
Article 1 (Purpose) The objective of this Arrangement is to: (i) an investor (=the Plaintiff) and C (=D) invest part of the initial operating capital and distribute profits accrued therefrom at the pertinent workplace operated by the Defendant (=the instant C Experience Center).
Article 2 (Terms and Conditions of Investment and Redemption of Investment Funds)
1. Eul and Byung will make an investment to Gap in total in the amount of KRW 1,000,000 for each of them;
Of the investment funds, the sum of three million won shall be invested in December 2012, and in March 2013, the sum of the daily twenty million won shall be invested.
2. A shall make a repayment to B in advance with the profits accrued from the operation of the said establishment, whichever Party B and C invested in March 2013, to C, and the remainder three million won shall be repaid in full on February 28, 2015.
Article 3
1. A shall be settled quarterly to B and C, and it shall be paid 25% of the net earnings accrued during the preceding quarter, along with the details of the settlement of accounts at the workplace; and
B. In accordance with the instant investment agreement, the Plaintiff paid KRW 45 million to the Defendant, (i) KRW 22.22 million on December 22, 2012; (ii) KRW 10 million on December 28, 2012; and (iii) KRW 15 million on February 27, 2013.
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff sought the return of the Plaintiff’s investment amounting to KRW 45 million against the Defendant pursuant to Article 2(2) of the instant investment agreement. As to this, the Defendant, and the instant investment agreement, share the profits.