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(영문) 대전지방법원 2018.05.17 2017가단11220

투자금반환 등

Text

1. The Defendant’s KRW 169,340,00 and KRW 119,340,00 among the Plaintiff and KRW 50 million from December 1, 2016.

Reasons

1. Facts of recognition;

A. On June 30, 2016, the Plaintiff and the Defendant entered into an investment contract (hereinafter “instant primary investment contract”) with respect to the funds necessary for the sale of commercial facilities C at Sejong City (hereinafter “instant commercial building”) as follows, and the Plaintiff paid KRW 100 million to the Defendant on the same day.

-investment funds: 100 million won - 20 million won (However, tax 33% deduction) - Investment funds and timing of half-generating of earnings: Within 2 months after the commencement of sale in the instant commercial building; - Interest rate for delay: the maximum legal interest rate;

B. On July 4, 2016, the Plaintiff and the Defendant entered into an investment contract as follows (hereinafter “instant secondary investment contract”) with respect to the additional funds necessary for the sale of the instant commercial building, and the Plaintiff paid KRW 50 million to the Defendant on the same day.

-investment funds: 50 million won - Revenue: 30 million won (However, tax credit for 33%): The time of returning investment funds: Within 4 months after the commencement of sale in the shopping district of this case. - The time of returning profits: Within 3 months after the completion of the commercial district of this case. - The delayed interest rate: the statutory maximum interest rate;

C. At the time of the conclusion of the instant investment contract, the Defendant explained to the Plaintiff that the sales of this commercial building was commenced from September 2016.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. In full view of the purport of the entire argument in the above facts, the Plaintiff and the Defendant agreed to repay the first investment and earnings of the instant commercial building from September 2, 2016 to the end of November 2016, which is the date after the commencement of sale in the instant commercial building. The second investment funds of the instant commercial building were to be repaid from September 2016 to the end of January 2017, which is four months after the commencement of sale in the instant commercial building.

B. According to the above facts, the Defendant’s primary investment and profit of KRW 119,340,00 (= Principal KRW 19,340,000) and KRW 169,340,000,000,000,000,000 for the secondary investment of this case.