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(영문) 서울동부지방법원 2015.05.15 2014가단55988
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 25,00,000 and the interest rate thereon from February 13, 2015 to the date of full payment.

Reasons

Considering the overall purport of the statements and arguments by Gap 1, 2-1 to 2-4, 3-1, and 3-2 as to the cause of the claim, the defendants invested KRW 25 million in the plaintiff on Nov. 6, 2008. When the plaintiff invested in the defendants, the defendants installed plastic crushing machine, etc. at the factory located in Yasan-si, and entered into a partnership agreement to operate plastic recycling business through the above crushing machine. At that time, the defendants agreed to return the full amount of investment to the plaintiff if they are unable to comply with the above partnership agreement. Accordingly, the plaintiff transferred KRW 23 million to the defendant Eul's account and delivered KRW 200,000 to the defendant Eul, and the defendants thereafter invested the above KRW 25,00,000,000 by installing the above crushing machine around Nov. 6, 2009, but the defendants can be recognized by the fact that the above owner of the factory operation was interrupted by a dispute arising in relation to the above factory operation agreement.

According to the above facts, barring any special circumstance, the Defendants are obligated to pay to the Plaintiff the amount of KRW 25 million of the said invested principal under the above principal return agreement and damages for delay calculated at the rate of 20% per annum from February 13, 2015 to the day of full payment, as requested by the Plaintiff, from February 13, 2015 to the day following the day of final delivery of the instant complaint.

As to the judgment on Defendant B’s assertion, Defendant B used the said investment funds for a legitimate project promotion, and all of its spendings are reported to the Plaintiff. Thus, Defendant B did not have an obligation to return the investment funds. However, insofar as the Defendants agreed to return the principal in the event of breach of a partnership agreement, the obligation to return the investment principal cannot be deemed extinguished solely on such ground.

Defendant B shall, upon the Plaintiff’s request, transfer the investment amount of KRW 2 million to the Plaintiff’s ancillary account after receiving the remittance of the investment amount.

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