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(영문) 춘천지방법원 2013.07.17 2012가합1573

투자금반환

Text

1. The Defendant’s KRW 800,000,000 as well as 3.6% per annum from August 31, 2010 to August 2, 2012 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 31, 2010, the Plaintiff made an investment of KRW 800,00 in C Liet Business (hereinafter “instant business”) “C”) that created a golf course, etc. in Chuncheon-si B, B, and paid KRW 800,00,000 to the Defendant on the same day (Article 3). The investment period is at least one year from the date of full payment of the investment amount, and may be extended by mutual consultation (Article 4). The Plaintiff may choose to repay the investment amount by either cash repayment, or by means of a substitute bond repayment (Article 4). In the case of cash repayment, the Plaintiff may choose to repay the investment amount by calculating the standard interest rate for a fixed deposit in a commercial bank from the date of full payment of the investment amount from the date of full payment of the investment amount to the Defendant (hereinafter “instant investment agreement”) and the Defendant paid KRW 800,000,000 to the Defendant on the same day.

B. On June 15, 2012, the Plaintiff requested the Defendant to repay the said amount of KRW 800,000,000 to the Defendant, and the current interest rate on a deposit with one-year maturity in a commercial bank is about 3.6% per annual average.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 4, purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the interest or delay damages at each rate of 800,000,000 won of the investment amount and 3.6% per annum as stipulated in the instant investment agreement from August 31, 2010 to August 2, 2012, the delivery date of the copy of the complaint of this case, from August 31, 2010, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. Judgment on the defendant's assertion

A. D, the former representative director of the Defendant asserted, was established “F Co., Ltd. (the name before the change of the Defendant)” to carry on the business of building a golf course in Chuncheon City with the funds of E, and E invested the funds of KRW 78.6 billion, and D loaned the land owned by the Defendant as collateral and invested the amount of KRW 25.0 billion in the instant business.