logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.07.15 2015가합108414 (1)
투자금반환
Text

1. The Defendant: (a) KRW 265,00,000 for the Plaintiff and 6% per annum from July 30, 2015 to September 25, 2015; and (b) the Plaintiff.

Reasons

1. In full view of the facts of recognition and the purport of the entire pleadings, the following facts are recognized in the entries of Gap evidence 1, 2, 3, 4-1 to 5.

On August 2, 2012, the Plaintiff entered into a partnership agreement with the Defendant, a stock company with the purpose of wholesale and retail business, etc., under which the Plaintiff would make an investment of KRW 300 million to the Defendant with the term of the contract from July 30, 2012 to July 29, 2015 (hereinafter “instant agreement”), and agreed to receive an investment refund from the Defendant at the expiration of the contract term, and remitted KRW 310 million in total to the Defendant’s account under the name of the Defendant from August 8, 2012 to October 2, 2012.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remaining KRW 265 million, excluding the amount of KRW 45 million that the Plaintiff returned out of the above investment amount, and to pay 6% annual interest rate under the Commercial Act from July 30, 2015 to September 25, 2015, the day following the expiration of the contract in this case, which is the day of service of a copy of the complaint in this case, until September 25, 2015, and to pay damages for delay at the statutory rate of 20% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until September 30, 2015 (wholly amended by Presidential Decree No. 2653, Sept. 25, 2015); and the next day to the day of full payment, the statutory interest rate of 15% per annum.

In regard to this, the Defendant agreed to deduct KRW 50 million from the Defendant’s investment funds to the Plaintiff on October 10, 2013, when the Plaintiff received a free supply of new shoes worth KRW 50 million from the Defendant. ② The Defendant paid KRW 40 million to the Plaintiff on March 3, 2014, and ③ the Plaintiff from January 3, 2014 to June 1, 2015.

arrow