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1. The defendant shall pay 18,936,00 won to the plaintiff and 15% per annum from April 7, 2018 to the day of complete payment.
Reasons
1. Chief;
A. The Plaintiff’s assertion 1) On June 14, 2016, the Plaintiff made an investment contract that invests KRW 50,000,000 in money as a business fund to the Defendant operating a financial manufacturing business under the name of “D” in the old Si/Gu (hereinafter “instant investment contract”).
(2) At the time of the conclusion of the instant investment contract, the Defendant agreed to refund the investment principal to the Plaintiff on June 20, 2018 and June 30, 2018, respectively, with the investment amount of KRW 420,000 per month, and pay the Plaintiff the investment fee of KRW 420,000 per month on the investment principal. The date of repayment of the investment principal falls short of 10 days or more, or the payment of the investment fee is in arrears on two consecutive occasions, the investment principal shall be immediately repaid, and the overdue damages equivalent to KRW 3/100 per day from the date of loss of the due interest shall be paid.
3) However, the Defendant did not pay a monthly investment commission on January 2, 2017, and thus lost the benefit of time. 4) The Plaintiff and the Defendant paid KRW 3,536,000 to the Plaintiff as business allowances on February 21, 2017, and agreed to set off KRW 34,60,000 collected by the Plaintiff against Nonparty E, etc. against the obligation of the instant investment amount.
E. Therefore, the Defendant is obligated to pay the Plaintiff KRW 18,936,00 (i.e., KRW 50,000 operating allowances of KRW 3,536,600,000). Accordingly, the Defendant is obligated to pay the said money and the amount equivalent to KRW 34,60,000,000, calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 7, 2018 to the day of full payment, following the delivery of the application for modification of the purport of the claim and the cause of the claim in this case.
B. Defendant’s assertion 1) As such, the Defendant did not lose the benefit of time, the obligation to return the investment amount under the instant investment contract did not arise. 2) The Plaintiff would lose the benefit of time to return the instant investment amount or would induce the Defendant to cancel the instant investment contract.