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(영문) 서울중앙지방법원 2015.10.16 2015가단5074193
투자금 반환 약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 40 million and the interest rate thereon from July 10, 2012 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. (1) On March 28, 2012, the Plaintiff entered into a dynamic mining business investment and a partnership agreement with the Defendants to operate a business of collecting, processing, and selling dynamics in the Philippines.

At the time, the Plaintiff made an investment of KRW 40 million for the said business, and the terms and conditions of the investment are as follows:

- The investment amount shall be forty million won, and the period of recovery of the investment principal shall be one year.

- The corporation established for the above business and the defendants guarantee the repayment of principal amount equivalent to the plaintiff's investment funds, and the defendants stand joint and several sureties.

- The plaintiff shall be given equal repayment of the investment principal each month after the execution of the investment.

When the principal is repaid, the interest rate shall be 20% per annum, and if the interest is overdue for at least two months, the interest shall be lost.

(2) On April 10, 2012, the Plaintiff transferred KRW 40 million to the account in the name of Defendant D’s wife E in accordance with the said contract.

(3) The time when the Plaintiff was to be paid KRW 3,33,33 as the initial installment repayment pursuant to the above contract was from April 29, 2012 to May 5, 2012. Since then, KRW 3,333,333 were to be repaid each month, and the Plaintiff was not paid the installment payment at all.

[Ground] Evidence Nos. 1 through 7 and the purport of the whole pleading

B. According to the above facts of recognition, the Defendants agreed to pay to the Plaintiff KRW 33,333,333 each month the amount of investment KRW 40 million for one year. Thus, the Defendants jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum under the agreement from July 10, 2012 to the date of full payment.

2. Determination as to Defendant C and D’s assertion

A. The plaintiff alleged as the plaintiff is a member of F, one of the members of F, and the actual investor is F, and the F and three of the defendants are each 1.0 million won of investment.

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