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(영문) 인천지방법원 2016.10.14 2013가합15568

투자금반환 등

Text

1. Defendant C’s KRW 50 million to the Plaintiff and the Plaintiff’s 5% per annum from February 21, 2014 to October 14, 2016.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant C are pro-Japaneses.

From March 1, 2008 to October 31, 2008 of the same year, the Plaintiff invested a total of KRW 300 million for the purpose of incorporation funds and operation funds in Defendant B Co., Ltd. (hereinafter “Defendant C”) (hereinafter “Defendant Co., Ltd.”) that run the wholesale retail and repair business of two-wheeled automobile operated by Defendant C from March 13, 2008, the representative director of the Defendant C, and his wife D, respectively, appointed the Plaintiff as a director, and established the Plaintiff; hereinafter “Defendant Co., Ltd.”). On December 4, 2008, the Plaintiff entered into an agreement that KRW 300 million of the above invested amount shall be the face value, issue date, and the date of payment shall be calculated by settling the net profits accrued from the operation of the Defendant Co., Ltd, and shall be allocated at a rate of 5:5 (hereinafter “instant investment agreement”).

B. After September 11, 2013, the Plaintiff filed the instant lawsuit with the Defendants seeking the termination of the instant investment agreement and the principal of the investment deposit. On September 16, 2013, the said complaint was served on the Defendants, and the instant investment agreement was terminated around that time.

C. Meanwhile, from March 2008 to December 2012, Defendant C paid the Plaintiff KRW 1750,000 to KRW 11,310,000,000 per month, and thereafter, Defendant C paid KRW 36,000,000 per month for a total of 18 times from January 2013 to July 2014. On November 28, 2014 during the instant lawsuit, Defendant C asserted that the money that was paid prior to November 28, 2014 during the instant lawsuit was paid KRW 150,90,000,000 as principal and interest, and paid KRW 9,384,740,00,00 as principal and interest.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 13, 15, and 16, witness E's testimony, and purport of the whole pleadings

2. The plaintiff's ground for claim

A. At the time of filing the instant lawsuit, the Plaintiff sought a total of KRW 300 million in principal and KRW 300 million in the name of partial claim for the amount of principal and KRW 300,000,000. However, the Plaintiff may thereafter claim some of the profits.