(영문) 서울동부지방법원 2015.07.03 2014가단50914

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(영문) 서울동부지방법원 2015.07.03 2014가단50914

투자금 반환 및 약정금

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1. The defendant shall pay 61,530,000 won to the plaintiff and 20% per annum from December 28, 2014 to the day of complete payment.

Reasons

Basic Facts

The defendant is a newspaper company that issues a “B newspaper”.

On July 29, 2005, the Plaintiff and the Defendant via C, the representative director of the Defendant, made an investment of KRW 50 million to the Defendant, and the Plaintiff or the person designated by the Plaintiff agreed to work as a full-time employee to the Defendant, and entered into an investment contract (A; hereinafter “instant investment contract”) under which the Plaintiff notified the Defendant two months before the termination of the investment contract, and the Plaintiff would return the investment money within the said period.

On July 28, 2005, the Plaintiff paid KRW 50 million to the Defendant side according to the instant investment contract.

On April 25, 2011, the Plaintiff terminated the said investment contract and notified the Defendant of the termination.

Unlike the instant investment contract, the Plaintiff served as the person in charge of the distribution of the sports area in B newspapers issued by the Defendant from 2003 to 2003.

[Grounds for recognition] According to the facts without dispute, Gap 1, 2, 3, 4, 6-1 to 6-3, 10, and 11, and the facts of the above recognition as to the claim for refund of KRW 12,00,000 of the entire purport of testimony and pleadings by the witness C, since the investment contract of this case is terminated, the defendant is obligated to return the above investment amount to the plaintiff, and the plaintiff has received the return of KRW 38,00,000 among them, so the defendant is obligated to pay the remaining investment amount of KRW 12,00,000 (= KRW 50,000 - KRW 38,00) to the plaintiff and delay damages therefor.

The plaintiff asserts that the plaintiff's claim for the payment of the agreed amount 4,9530,000 won is the cause of the above part of the claim, as follows.

① On March 6, 2003, the Plaintiff agreed to work as the head of the Defendant’s athletic branch through the Defendant’s representative director C, and the Plaintiff agreed to receive 60% of the subscription price as remuneration.

② The amount of remuneration (60% of the subscription price for newspapers) that the Plaintiff receives while working as the head of the sports branch from 2003 to 2011 is KRW 80,906,000.

③ Under the instant investment contract,

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