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1. The Defendant shall pay to the Plaintiff KRW 161,33,00 and the interest rate of KRW 15% per annum from May 20, 2017 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff becomes aware of the Defendant, the patentee of “C” around June 2013, and the Defendant’s fee-saving business (hereinafter “instant business”).
(2) Around July 31, 2014, the Plaintiff entered into an investment contract with the Defendant to make an investment of KRW 100,000,000 (including KRW 171,33,000,000, and KRW 71,333,000,000 from January 2, 2014 to June 2014) and to make an investment of KRW 400,000,000 (including KRW 171,33,000,000,000, which was already invested) as to the instant business.
3) However, when the Plaintiff was no longer able to invest funds, the Defendant cancelled the above investment contract between the Plaintiff, and sent e-mail to the Plaintiff on December 28, 2014, stating that the method and schedule for collecting the Plaintiff’s investment amount will be presented, and around January 5, 2015, the Plaintiff sent e-mail accompanied by the draft agreement to return KRW 171,33,000 to the Plaintiff by June 30, 2015. Furthermore, the Defendant returned KRW 10,000,000 to the Plaintiff on September 1, 2015, and returned KRW 161,33,000 to the Plaintiff on September 23, 2015 (hereinafter “instant agreement to return the investment amount”).
(4) However, the Defendant did not return the investment money any longer thereafter.
Around December 5, 2016, the Defendant sent to the Plaintiff an e-mail accompanied by a written plan for the return of investment amounting to KRW 160,000,000,000, which was to be returned in installments by May 2018, but did not return the investment amount even thereafter.
[Ground for Recognition: Facts without dispute, Gap's 1 through 10, 14, Eul's 1 through 3 (including provisional numbers), the purport of the whole pleadings]
B. According to the above facts of recognition, the Defendant was invested in KRW 171,33,00 in relation to the instant business, and returned KRW 10,000,000 among them, and thereafter on September 23, 2015.