(영문) 수원지방법원안산지원 2015.11.04 2014가단111887

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(영문) 수원지방법원안산지원 2015.11.04 2014가단111887

기타(금전)

Text

1. The Defendants jointly pay to the Plaintiff KRW 36,00,000 and the interest rate thereon from August 14, 2014 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B’s business 1) Defendant B, along with D on July 2010 to March 2014, 2014, engaged in the freight forwarding business under the trade name “E.” (2) Defendant B’s business owner was F, who was the wife of Defendant B, and D was in charge of most practical affairs, such as business, employees, and fund management, and Defendant B operated the business in the form of receiving a report as a de facto representative.

B. (1) On August 16, 2012, the Plaintiff lent KRW 6,00,000 to Defendant B. (2) On October 30, 2012, the Plaintiff agreed to make an investment of KRW 30,000,000 on behalf of Defendant B as follows (However, the nominal owner of the contract was Defendant F, the nominal owner of the contract, and KRW 30,000,000 by October 31, 2012.

Article 3 (1) The principal of the investment under Article 2 (30,000,000) shall be repaid by cash transfer to the plaintiff's account by the following methods:

The banks occurring monthly shall be separately redeemed.

Dividends shall be deposited into the account designated by the Plaintiff each month.

(2) The investment fees shall be paid in cash to the plaintiff's account as the investment fees on the following month of the ratio of the quarterly sales, separate from the investment principal under paragraph (1).

(3) Interest related to the investment deposit shall not accrue separately, and it shall be substituted by the investment commission under paragraph (2).

(1) Where Defendant B delays the repayment date of the investment principal under Article 3 for at least 30 days, the Plaintiff may immediately lose the fixed-term interest and apply for the full repayment of the remaining investment amount.

(2) Paragraph (1) shall also apply where Defendant B delays the investment fees prescribed in Article 3 on at least two consecutive occasions, or violates Article 4.

Article 11 In addition to the above general provisions of the special agreement, the plaintiff and defendant B shall determine the following matters as the special agreement, and in cases where the special agreement conflicts with the main sentence, the special agreement shall prevail:

The above amount of investment is agreed upon by both parties.

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