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Reasons
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(영문) 서울중앙지방법원 2016.10.07 2016가합8942
투자금반환
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1. The Defendants jointly and severally liable to the Plaintiff KRW 233,579,510 and the Defendants’ limited liability company from November 7, 2015.

Reasons

(d)for every three months, the agreed period includes a statement that an investment amount is calculated at 4% per month and transfers, respectively, to the account of the Plaintiff’s family;

On May 13, 2015, the Defendant Company paid KRW 39,900,000 as D’s investment proceeds from February 13, 2015 to May 12, 2015; and ② on May 28, 2015, the Plaintiff paid KRW 34,20,000 as investment proceeds from February 27, 2015 to May 26, 2015 to the Plaintiff’s bank account under the Plaintiff’s name.

(A) The Plaintiff’s family member paid 5% of the investment earnings agreed by the Defendant Company as withholding tax. Since September 14, 2015 to November 6, 2015, the Defendant Company remitted total of KRW 550,000,000 to the bank account in the name of D as follows.

① KRW 200,000,000 on September 14, 2015 ② (2) KRW 50,000,000 on September 16, 2015; KRW 30,000 on September 21, 2015; KRW 40,000,000 on September 22, 2015; KRW 50,000 on September 22, 2015; KRW 60,000 on October 22, 2015; and KRW 60,000 on October 50, 200, 2007 KRW 70 on October 50, 2015.

1. Determination of KRW 300,000,000;

2. To pay in writing the above-mentioned amount of KRW 50,000,000 each on a date 4% of the interest rates set respectively by September 18, 2015. If you will assume civil and criminal responsibilities in the event they fail to comply.

E. On the other hand, on August 17, 2015, Defendant C entered in the margin two pages of the Investment Agreement (Evidence A2) between the Plaintiff and the Defendant Company as follows, and then re-issued the signature to the Plaintiff.

(hereinafter referred to as the "written rejection of payment in this case"). 【No dispute exists, Gap evidence 1 through 5, Eul evidence 1-1, 2, 3, 11 through 16 respectively, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The Defendant Company, which is the cause of the Plaintiff, is obligated to return the principal of the investment deposit to the Plaintiff under the investment agreement with the Plaintiff and pay the investment return from May 27, 2015 to August 26, 2015, which was not paid.

The defendant company's account in the name of D is 50,000,000 won.

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