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(영문) 서울서부지방법원 2017.09.20 2016가단25426
투자개발금반환채권금
Text

1. The Defendant’s KRW 44,475,978 as well as the Plaintiff’s annual rate of 5% from August 9, 2016 to September 20, 2017.

Reasons

1. Determination as to the cause of claim

(a) The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by taking account of the overall purport of the statements and arguments in Gap evidence Nos. 1-1 to 5, 2, 3, 4, Eul evidence No. 1, 2-1, 2, and 3 and the whole purport of the arguments.

1) On January 19, 2016, the Plaintiff and the Defendant invested KRW 50,00,000 in the Defendant’s business of development of the set temperature control period, and agreed to recover the investment by deducting 20% of the amount from the Defendant’s delivery of the set temperature control period (hereinafter “instant investment contract”).

(1) At the time of the instant investment contract, the Plaintiff entered into a contract. The purpose of this contract is to make an investment in the Defendant’s control period production business, and to determine the specific contents and necessary matters, and to clarify the rights and obligations between the Plaintiff and the Defendant, with a view to investing in the Defendant’s faithful, honest, and active production activities. Article 2 [performance of Investment] of the Plaintiff is to make an investment in total of KRW 50,000 according to the formation of this contract. Article 3 [Methods of Payment of Investment] ① The Plaintiff shall pay KRW 25,00,000 out of the above investment funds to the Defendant on December 1, 2015. ② The Plaintiff shall pay KRW 25,000 from the outstanding investment funds to the Defendant at the time of completion of the payment of the outstanding amount of KRW 4 [The contents and object of the contract] of the Plaintiff’s investment in the temperature Section 50,000,000 to the Defendant at the time of completion of the payment of the entire amount of the Plaintiff’s investment funds.

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