(영문) 서울중앙지방법원 2017.11.30 2017가합565190

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(영문) 서울중앙지방법원 2017.11.30 2017가합565190

대여금

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1. The Defendant’s KRW 800,000,000 per annum for the Plaintiff and 5% per annum from July 11, 2017 to July 20, 2017.

Reasons

1. Facts of recognition;

A. On November 25, 2016, the Plaintiff entered into an investment contract with the Defendant to pay a certain percentage of investment profits (hereinafter “instant contract”) and paid KRW 800,000,000 to the Defendant on December 2, 2016.

The main contents of the instant contract are as follows.

The purpose of this Agreement is to determine the specific contents and necessary matters and to clarify the rights and obligations between the investor and the company by making an investment in connection with the following projects to be invested in the name of the company in Article 1 (Purpose of Investment and Purpose of Funds) of this Agreement, August 31, 2017:

Article 2 (Investment and Distribution of Dividends) (1) The period of investment contract for an investment money shall be from the date when the company receives the investment money to the due date, and may be extended by December 31, 2017 under mutual agreement.

(2) The Company shall distribute to investors the following profits:

A. The Company shall distribute to investors 50% of investment returns.

(b) In the event that the total dividend income of the investor is less than 24% per annum of the amount invested at maturity and early cancellation, the dividend calculated by subtracting the dividends paid at 24% per annum of the amount invested shall be paid additionally.

(24 per cent of the investment amount - Dividends)

C. Dividends shall be the twenty (20) day of the month in which the Company receives investment returns from investors, and the last payment day of dividends shall be September 20, 2017.

Article 9 (Cancellation and Termination of Investment Contract) (1) An investor may terminate an investment contract by giving written notice to the company even before the expiration of the investment contract period.

(2) An investor may request the company to cancel or terminate the investment contract from the 15th day of each month until the end of the month, and the company must cancel or terminate such contract.

An investment shall be made to investors on the 10th day of the following month in which the Office received.

유사 판례

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