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(영문) 광주지방법원 2021.02.10 2019가단540300
대여금 등
Text

Defendant C’s KRW 150,00,000 as well as the Plaintiff’s annual rate of 5% from July 15, 2014 to December 20, 2019.

Reasons

1. Facts of recognition;

A. Defendant C requested D to make an investment in money because he/she could carry out mineral development business, together with his/her life, and Defendant C, around June 2014, drafted an investment agreement (No. 3 evidence, hereinafter “instant investment agreement”) with the following content to the Plaintiff, the denyingr of D.

Article 2 (Investment Projects) (1) An investment project related to this Agreement shall be a type of business related to aggregate promoted by Defendant C.

(2) The authorization or permission for investment projects shall be obtained within three months from the fixed date of the investment pledge under the responsibility of Defendant C, and the period of the investment project shall be the period of the authorization or permission.

Article 4 (Return of Investment Money) ① After three months from the date when the Plaintiff’s investment money specified in Article 3(1) was deposited in the financial old account designated by Defendant C, the Plaintiff may request Defendant C to return the investment money.

Article 5 (Distribution of Investment Earnings) (1) The monthly investment earnings shall be deposited in the financial Gu unit designated by the Plaintiff from the month after the lapse of one month from the date the authorization or permission for the investment business under Article 2 was obtained.

② Investment earnings shall be monthly settled from the business income and distributed by Defendant C, but the minimum amount of investment earnings that Defendant C distributes to the Plaintiff shall be at least KRW 1.2 million based on the amount of investment capital.

B. The Plaintiff paid to Defendant C a total of KRW 150 million, including KRW 100 million on July 14, 2014 and KRW 50 million on July 15, 2014.

(c)

Defendant C, from January 2016, using the name of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”), started retailing aggregate from the “Sek-gun E and two parcels,” and was a field agent. Defendant C demanded that the Plaintiff make more investments in money without paying the investment profits pursuant to the above business. The Plaintiff requested Defendant C to obtain a loan certificate in the name of the Defendant Co., Ltd.

(d)

Defendant C is a loan certificate sent by mail on April 10, 2016 by the Plaintiff.

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