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Reasons
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(영문) 대구지방법원 2016.11.17 2015가단41951
투자금반환
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1. The Defendants jointly pay to the Plaintiff KRW 86.7 million and KRW 5 million among them from January 3, 2016.

Reasons

1. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion that the Plaintiff invested KRW 250 million in accordance with the Plaintiff’s investment agreement with the Defendants, and the Defendants agreed to pay the Plaintiff a certain percentage of profit or overdue interest. In the agreement, the Defendants sought payment of the profit based on the agreed rate of 24% per annum on the balance of the principal and interest of the investment amount of KRW 130 million and the balance of the principal amount of KRW 15 million.

B. 1) On April 17, 2008, the Plaintiff invested KRW 250 million to the Defendants, and operated bread houses in the name of “E” at the store located in Daegu Suwon-gu D, and the Defendants, from this point of time to the end of the business, paid 2% of the investment amount to the Plaintiff by the tenth day after April 3, 2008. However, during one year from April 3, 2008 to April 3, 2009, the amount paid shall be KRW 3.5 million per month, and if the Defendants are unable to operate the said store, the entire investment amount shall be returned to the Plaintiff. The Plaintiff may terminate the said investment contract when the Defendants are unable to fulfill the said agreement, and the overdue interest rate shall be 2% per month. 2% per month.) The Plaintiff provided the Defendants with the payment of KRW 250 million to the Defendants pursuant to the said agreement.

3) In operating the said bread house, the Defendants: (a) KRW 30 million on December 7, 201; (b) KRW 10 million on March 3, 2012; (c) KRW 50 million on September 20, 2012; and (d) KRW 50 million on December 10, 2012; (b) KRW 15 million on April 1, 2013; (c) KRW 30 million on April 1, 2013; and (d) KRW 40 million on September 2, 2014; and (e) KRW 250 million on February 13, 2015; and (e) KRW 500,500,000,000,000,000,000 to KRW 505 billion on February 2, 2015; and (e) the Defendants paid the Defendants’ profits to the Plaintiff out of KRW 500,500,5000.

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