기타(금전)
The plaintiff's appeal is dismissed.
In accordance with the plaintiff's conjunctive claim added by this court, the defendant 3.
1. Basic fact contract Gap (Defendant, hereinafter the same shall apply) and Eul (Plaintiff, hereinafter the same shall apply) shall be deposited into the G account of the new bank of Eul (hereinafter the same shall apply) one month out of the amount of income, when operating D on the eight floor of Gangnam-gu Seoul Metropolitan Government C building, and operating D on the eight floor of Gangnam-gu Seoul Metropolitan Government;
Provided, That blood purification and stem cells are additional options.
In the future, the stem cell will be added up at the time of addition of 10 million won.
(a).
On July 12, 2018, and July 18, 2018, the Plaintiff deposited KRW 30 million in total with the account in the name of E designated by the Defendant, after receiving the investment proposal from the Defendant who operates the “D” located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant contract”).
B. On February 9, 2020, the Defendant: (a) stated that “the Plaintiff shall return the investment amount of KRW 30 million up to March 30, 2020 to the Plaintiff; and (b) shall pay interest at 24% per annum if the return is not possible; and (c) stated that “the instant payment note.”
【Preparation and Delivery of Evidence A, Nos. 1, 2, and 7 of the grounds for recognition, and the purport of the whole pleadings.
2. Judgment as to the main claim
A. The Plaintiff’s assertion that the Defendant agreed to pay the final amount of KRW 5 million per month at the time of the instant contract, but did not perform the agreement. Since the Plaintiff terminated the instant contract on the grounds of nonperformance on or around January 2019, the Defendant is obligated to pay to the Plaintiff the sum of KRW 30 million of the principal amount of the investment and KRW 20 million of the final profit from October 2018 to January 2019 (=500,000 won x 4 months) as well as damages for delay.
B. As to whether the Defendant, at the time of the instant contract, provided that the Plaintiff shall pay the final amount of KRW 5 million per month to the Plaintiff at the time of each month, the fact that the instant contract states that “one million won per month out of the revenue from operation D shall be deposited in the Plaintiff’s account in the name of the Plaintiff” is as above.