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(영문) 수원지방법원성남지원 2014.08.28 2013가합11689

부당이득금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts. Article 3 (Investment Money)

1. The amount invested by the Plaintiff to the Defendant is USD 5,400,000 in Hong Kong ($ 810,000 in Won).

2. The Plaintiff shall deliver the investment to the Defendant by November 3, 2010.

Article 4 (Prohibition of Diversion) The defendant shall not use the investment money received from the plaintiff for any purpose other than VIP investment on the second floor of the casino for improvement.

Article 5 (Method of Settlement of Accounts and Distribution of Profits)

1. The defendant shall notify the plaintiff of the monthly settlement of accounts in writing, and shall be liable for civil or criminal liability when he/she commits an act contrary to the principle of good faith, such as falsity, omission, and overcoming.

2. The closing date shall be within two business days from the date the defendant received the settlement of accounts and dividends from the company every month;

Article 6 (Contract Period and Change)

1. This Agreement shall continue for a six-month period from November 1, 2010 to April 30, 201, and the re-contract may be extended by six months upon mutual agreement between the Plaintiff and the Defendant.

Article 7 (Termination of Contract and Return of Investment Money)

1. The plaintiff may demand the termination of the contract and the return of the investment where the defendant intentionally violates the good faith principle or violates the provisions of Articles 4 and 5 during the term of the contract.

2. In the event that the Plaintiff requests termination of the contract and return of the investment amount in accordance with paragraph 1, the Defendant shall set aside the monthly profit or loss of the invested principal together with the settlement of accounts at the end of the month at which the request is made and return it to Hong Kong by the tenth day of the following month.

On October 30, 2010, the Plaintiff introduced the Defendant (Appointed; hereinafter referred to as the “Defendant”) through the Appointed C (hereinafter referred to as the “Appointed”) to make an investment in the Mara Casino, and drafted an investment contract with the Defendant on October 30, 2010 as follows.

The cash custody certificate - daily amount of KRW 810,000,000 - The above amount shall be received from the plaintiff on October 30, 2010, and the full amount shall be returned at the time of no agreement for extension of the contract on May 10, 201 (within seven days) and the receipt (storage) of the above amount shall be made sure.