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(영문) 대구지방법원 2015.04.30 2014가합8473

투자원금반환

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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 100,000,000 as well as its annual interest from November 10, 2014 to April 30, 2015.

Reasons

1. Basic facts

A. around January 26, 2012, Defendant C recommended the Plaintiff to make an investment in the new E-L sale business for permanent residence of the Defendant Company: D and two parcels of land E, which is implemented by the Defendant Company; and the Plaintiff is a “the primary investment agreement between the Defendant Company and the Plaintiff to receive dividends of KRW 100 million by investing KRW 300 million.”

B signed the project and invested KRW 300 million in the project.

B. On February 16, 2012, the Plaintiff received the remuneration of KRW 3 million per month at Defendant C’s recommendation, and was appointed as the representative director of the Defendant Company.

C. The Defendant Company paid the Plaintiff KRW 100 million on July 31, 2012, and KRW 200 million on April 30, 2014, with the return of the investment agreement amount. D.

Defendant Company: (a) KRW 20 million on January 3, 2013; and (b) the same year for the Plaintiff.

8. 27.5 million won, and the same year.

9.10.10.11.11. of the same year, November 11 of the same year, and December 10 of the same year, and January 10, 2014;

(3) On March 10, 200, KRW 3 million was paid in total, KRW 76 million on March 13, 2014.

E. On August 2, 2013, the permanent residence of the Defendant Company was completed on August 2, 2013.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 1 through 4 (including the number of branch offices), witness F’s testimony, the party’s examination result against the plaintiff, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s claim 1) Under the first investment agreement, the Defendant Company paid dividends of KRW 100 million to the Plaintiff upon completion of the first loan of KRW 300 million. The Plaintiff received dividends of KRW 100 million on July 31, 2012, as stated in paragraph (c) of the basic facts. As to KRW 300 million of the investment principal, the Defendant Company and the Plaintiff agreed not to receive the refund between the Plaintiff and the Defendant Company, but to make re-investment in the Defendant Company’s permanent residence of the Defendant Company in the H of the first loan of KRW 300 million and the third loan of KRW 100 million (hereinafter “second investment agreement”). The Defendant Company agreed to pay the Plaintiff the dividends of KRW 100 million each time the second and third loan of KRW 300 million was completed (hereinafter “second investment agreement”).

(ii) the foregoing two primary categories;