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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
Basic Facts
Around November 2004, the Plaintiff entered into an investment contract for publication and sale (hereinafter “instant investment contract”) with the Defendant that “the Plaintiff invests KRW 150,000,000 in the business of various school materials, publication and sale for high school students (hereinafter “the instant business”). On November 8, 2014, the Plaintiff entered into an investment contract for publication and sale (Evidence 4), and on November 15, 2014, the Plaintiff’s G account in the Plaintiff’s name, which was registered as a director, as the Plaintiff’s director, was established with the mission of “Co., Ltd. I” on April 15, 2003. On February 22, 2004, C Co., Ltd., Ltd., and JJ on July 7, 2004, May 17, 2005; and C, on February 17, 2006, the mission was changed to J. 15, 2015.
The said investment amount of KRW 150,000,000 (hereinafter “the instant money”) was remitted to an account in the name of account.
(A) On March 29, 2006, the Plaintiff entered into an agreement with the Defendant that “The instant investment contract is terminated, and the Defendant returned KRW 150,000,000 to the Plaintiff by September 30, 2006, but the Plaintiff shall pay KRW 2,00,000 to the Plaintiff on the last day of each month until the said payment date (hereinafter “instant agreement”). However, the Plaintiff did not receive a refund of the instant money from the Defendant (Evidence 5).
On January 31, 2007, the Defendant prepared to the Plaintiff an agreement and a letter of performance on investment funds (hereinafter “each of the instant notes”) containing the following contents with respect to the return of the instant money, and on January 31, 2007, the Plaintiff obtained certification on each of the instant notes (No. 460 of Law Firm E, etc.) from the Defendant’s agent D through the Defendant’s agent D on January 31, 2007.
(A) A. 1. Payment shall be made on January 31, 2007 by a bank of 4/4 months from September 2006 to January 2007, where the obligation to return investment amounts is not observed.
2. The last date of the return of the investment amount shall be until June 2007.
3. From February 2, 2007 to June 2007, banks shall pay 1.5 million won per month (monthly).