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(영문) 부산지방법원서부지원 2019.10.15 2018가단116789
투자금반환
Text

1. The Defendants jointly and severally against the Plaintiff KRW 59,270,000, and against the Defendant B, from December 27, 2018.

Reasons

1. Determination on the grounds of claim against the Defendants

A. On November 23, 2017, the Plaintiff entered into an investment contract with Defendant B (hereinafter “instant investment agreement”) on the resignation of D points (hereinafter “instant resignation”), and agreed as follows.

Article 2 Investment 50 million won, 100 million won per month of profits from investment funds, and 100,000 won per month of investment funds, and 1) The commencement of investment under Article 3 and the period of investment under Article 3 (1) shall have a grace period of 90 days from the date of payment of the balance of investment, and distribute profits on the 91th day of the commencement of investment.

Article 4 In principle, 3% of profits shall be additionally paid when the defendant is unable to pay the profits that the defendant should pay on the designated date.

B. In accordance with the instant investment agreement, the Plaintiff paid KRW 50 million to Defendant B by November 27, 2017, but the Plaintiff paid KRW 50 million to Defendant B with the investment proceeds, the date of February 25, 2018 and March 25, 2018, which becomes the 91th day from the date of the deposit of the full amount of KRW 50 million with the investment proceeds from Defendant B;

4. Each of the 25.1 million won was paid in total, but thereafter, did not receive the investment return from the Defendant B.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1, 2, Gap evidence Nos. 6 and 8-1, 2-2, and the purport of the argument as a whole, the above facts are as follows: according to the investment agreement of this case, the defendant's total amount to be paid to the plaintiff under the investment agreement of this case (i.e., investment amount of KRW 59,270,000,000,000 investment amount of KRW 9,000,000,000 investment amount of KRW 9,000,000). (ii) The defendant Eul's claim No. 1) changed the business registration name of the resignation point of this case to E around April 1, 2018, and the defendant C comprehensively acquired the business of the resignation point of this case from E around June 2018.

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