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(영문) 서울중앙지방법원 2017.01.13 2014가합48977
약정수익금
Text

1. The plaintiff's primary claim and the conjunctive claim against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

The plaintiff's main claim is the plaintiff's main claim (claim under each of the investment agreements of this case) that from January 31, 201 to April 201 of the same year, the plaintiff invested KRW 415,300,000 in a total of 415,300,000 in terms of investment in air ticket investment business from January 4, 201 to April of the same year, and on May 4, 2012, the defendant C agreed to pay to the plaintiff KRW 63,00,000 in a monthly amount of money invested from May 31, 201 to May 31, 2012 (hereinafter referred to as "investment agreement of this case"), and as a basis, subparagraph 3 (air ticket investment contract) is presented.

In addition, the Plaintiff, upon Defendant C’s request for additional investment, made an oral agreement on September 14, 2012, under which KRW 5 million should be paid every month as profits from such additional investment (hereinafter “the first additional investment agreement”), and again, made an oral agreement on October 30, 2013 to pay KRW 20 million every month as profits from such additional investment (hereinafter “the second additional investment agreement in this case”) (hereinafter “the second additional investment agreement in this case”). The Plaintiff made the instant investment agreement, the first additional investment agreement in this case, and the first additional investment agreement and the “each of the instant investment agreements”).

Therefore, according to each of the instant investment agreements, Defendant C is obligated to pay to the Plaintiff KRW 21 million each month from May 31, 2012 to September 13, 2012, and KRW 26 million each month from September 14, 2012 to October 29, 2013 (proceeds 21 million based on the instant investment agreement and KRW 5 million from October 30, 2013), and Defendant C is obligated to pay KRW 27 million each month from October 30, 2013 to September 29, 2014, which is the month before filing the instant lawsuit. Defendant C is obligated to pay KRW 1 million each month from September 29, 2014 to the date of filing the instant lawsuit.

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