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1. The Defendant shall pay to the Plaintiff KRW 63,648,537 and the interest rate of KRW 15% per annum from November 22, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Defendant actively posted an article related to investment on the Internet site related to financial investment and became known as the so-called “high-value investment” among investors, and the Plaintiff became aware of the Defendant through such Internet site posting.
On May 12, 2015, the Plaintiff and the Defendant concluded an investment agreement (hereinafter “instant investment agreement”) stating that “The Plaintiff and the Defendant shall guarantee the Plaintiff’s principal of the investment even in cases where the Plaintiff and the Defendant incurred losses by managing the Plaintiff’s investment amount of KRW 100 million from May 12, 2015 to December 31, 2015.”
B. On May 12, 2015, the Defendant: (a) received the Plaintiff’s investment account management authority in excess of KRW 100 million from the Plaintiff; and (b) made financial investment transactions, such as futures and options; and (c) began with the occurrence of investment losses almost continuously since the first order of June 2015, the Defendant continued to pay back the investment principal amounting to KRW 70 million.
C. At the time of the instant investment agreement, the Defendant promised to additionally input and trade the investment principal when a loss occurred more than 30% of the investment principal, and the Plaintiff, as the Defendant did not abide by the promise to supplement such investment principal and did not appear to have been recovered, requested the Defendant to suspend the investment transaction and recovered the management authority of the investment account.
As of July 10, 2015, as of July 10, 2015, an amount calculated by deducting an investment principal of KRW 63,648,537 from an investment principal of KRW 100 million (“the sum of the amount withdrawn by the Plaintiff to another financial account over several occasions during the investment trading period and the balance of the account at the time of the termination of the investment transaction” from the Plaintiff.
The investment principal loss was incurred.
[Grounds for recognition] Unsatisfy, Gap 1-3 evidence, the purport of the whole pleadings
2. Determination
A. According to the above facts, the investment period stipulated in the investment agreement of this case is not terminated.