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Reasons
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(영문) 인천지방법원 2017.07.11 2017가합52336
투자금반환청구
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1. The Defendant shall start on May 4, 2017 with respect to the Plaintiff A, KRW 140,000, KRW 132,000,000, and each of the above amounts.

Reasons

1. Indication of claim;

A. Plaintiff A’s claim 1) invested KRW 50 million to the Defendant in around 2010 and received approximately KRW 10 million with profits. The Defendant, around 2015, concluded that the Plaintiff invested KRW 40 million to the Defendant, by arranging all projects and concentrating on mineral investments, and agreed to pay a certain monthly profit. Plaintiff A made an investment around September 1, 2016. Plaintiff A made an agreement that KRW 40 million with respect to the business that the Defendant supplies Hyundai Motor Ship and Cacock, and upon Plaintiff A’s request for reimbursement, the Defendant shall complete the investment, but the Defendant shall pay the Plaintiff 8.7% of the principal during the investment period.

3) As above, Plaintiff A invested in the Defendant, but did not receive any proceeds, and on February 14, 2017, agreed with the Defendant to determine the proceeds of the said two investments as KRW 30 million. 4) The Plaintiff agreed to pay to the Defendant several times of lending money even after the said investment contract. On February 14, 2017, the Plaintiff agreed to settle the amount of money lent to the Defendant between the Defendant and the Defendant as KRW 20 million.

5) Plaintiff A filed a claim with the Defendant for the payment of KRW 130 million,00,000,000,000,000,000,000 for the said investment, investment earnings, and loans, but the Defendant failed to pay the said amount. Accordingly, Plaintiff A agreed with the Defendant on February 14, 2017 to be additionally paid KRW 10,00,000,000 as compensation for the nonperformance of the said amount. Accordingly, the Defendant should pay damages for delay pursuant to the interest rate prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the delivery date of the instant complaint to the day of full payment, as Plaintiff A seeks.

B. Plaintiff B’s claim No. 1 is the Defendant around 2014.

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