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(영문) 수원지방법원안양지원 2015.04.24 2013가합4086

대여금 등

Text

1. Defendant B’s KRW 100,000,000 as well as 5% per annum from October 5, 201 to April 24, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On September 29, 2010, the Plaintiff: (a) 40 shares of Switzerland (514,000 won per share); (b) 134 shares of Samsung Electronic Co., Ltd. (15,000 won per share); (c) 110 shares of Samsung Electronic Co., Ltd. (15,000 won per share); and (d) 141,349,000 shares of Samsung Electric Co., Ltd (119,000 won per share); (c) 40 shares of Samsung Electronic Co., Ltd. (5,000 x 40 shares x 40 shares x 134 weeks Samsung Electronic Co., Ltd. 19,100 x 319,000 shares x 310 shares of Samsung Electric Co., Ltd. (119,000 won per share).

B. On May 3, 2011, the Plaintiff remitted KRW 100,000,00 to D’s corporate banking account (F). Defendant B prepared a financial investment contract stating that “C has been invested in KRW 100,000,000 from the Plaintiff, and Defendant B shall be jointly and severally liable for the refund of the investment deposit amount,” and then delivered it to the Plaintiff.

The main contents of the Fund Investment Contract are as follows:

(A) For the purpose of Article 1, the term “A” means the Plaintiff and “B” respectively. The purpose of this Agreement is to invest Party A’s funds for the purpose of supporting the business activities of Party B and to provide for the details related to the recovery of the funds.

Article 2. The amount invested by Party A under this Agreement to Party B shall be 00 million won in cash and shall be repaid by Party B Article 3.

1. Investment principal and investment commission referred to in Article 2 shall be deposited in the head of Tong A by the following methods:

Method of Repayment: A and B shall be determined by mutual agreement and the investment period shall be at least one year.

2. A shall prohibit certain profits from entering the accounts of A as investment commission fees on the 29th of each month, separate from the investment principal under Article 2.

3. Interest related to the investment principal shall not be paid separately and shall be substituted by the investment commission under paragraph 2 of Article III;

(c) Loss of benefit of time under Article 4;

1. If B does not pay twice the investment commission in succession, A may claim for the repayment of the full amount of the investment commission even within the investment period;

However, A shall return the case where the business activities of B are hindered.