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(영문) 수원지방법원여주지원 2019.09.11 2018가합6791

투자금반환

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 408,091,685 and KRW 390,109,286 among them.

Reasons

Facts of recognition

Defendant B of the Investment Agreement is an executor who newly constructs and sells multi-family housing, officetels, hotels, etc. (hereinafter “instant business”) in Echeon-si D, and requested the Plaintiff to make an investment in connection with the instant business, and the Plaintiff agreed to make an investment of KRW 1.5 billion to Defendant B.

Article 1 (Definitions) Investment Funds means KRW 1.5 billion that the Plaintiff decided to make an investment to Defendant B pursuant to the instant contract.

The repayment date shall be six months from the date of payment of investment funds.

Article 3 (Distribution of Profits)

1. The amount of dividend for investment under the contract of this case shall be 50% of the invested principal on the basis of the repayment date; and

2. In the event that Defendant B fails to pay all or part of the investment principal, dividend amount, etc. which became due under the contract of this case, Defendant B shall pay to the Plaintiff overdue interest calculated at an overdue interest rate of 30% per annum from the due date for the payable amount.

Provided, That where the principal of the investment is unable to be repaid by the two times the repayment date, it shall be compensated with an amount equal to the unpaid amount until the repayment date.

On July 21, 2015, the Plaintiff entered into a contract with Defendant B (hereinafter “Defendant B”) under the following terms and conditions (hereinafter “instant contract”). Defendant C Co., Ltd jointly and severally guaranteed the Defendant B’s obligation to the Plaintiff.

The main contents of the instant contract are as follows.

According to the instant contract, the Plaintiff paid Defendant B a total of KRW 1.5 billion on July 25, 2015, KRW 1.5 billion on August 17, 2015, KRW 1.5 billion on August 18, 2015, and KRW 1.5 billion on August 18, 2015.

Defendant B paid to the Plaintiff KRW 10 million on January 28, 2016, KRW 29 million on the same month, KRW 140 billion on September 12, 2016, and KRW 10,875,000 on December 29, 2016 (hereinafter referred to as “the instant payment”).

[Ground of recognition] A.