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1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 20% per annum from August 7, 2014 to the day of full payment.
Reasons
1. Judgment on the plaintiff's claim
A. (1) On November 9, 2012, the Plaintiff made investments in KRW 60 million with the Defendant, and the Defendant calculated the monthly sales of the Gama shop operated at the department store store from the Defendant, less the fee of KRW 30%, personnel expenses, food materials use expenses, taxes on store operations, management expenses, and other operating expenses, and entered into an investment contract to be paid at the end of the following month (hereinafter “instant contract”), and paid KRW 60 million to the Defendant by November 30, 2012.
(2) According to the instant contract, upon the Plaintiff’s request, the Defendant shall disclose to the Plaintiff detailed data related to sales (Article 2(2) of the “Agreement on Investment and Profit-making” attached to the contract), and where the instant contract is terminated due to the Defendant’s fault, the Plaintiff shall return the investment money
(Article 6(1)3) The Defendant did not pay to the Plaintiff each revenue on April 2014 and May 2014.
Accordingly, on June 23, 2014, the Plaintiff urged the Defendant to pay the proceeds, and demanded to submit the details of calculation of earnings.
(4) Nevertheless, the Defendant did not submit data, such as the calculation of earnings, to the Plaintiff, and on July 8, 2014, the Plaintiff expressed its intent to terminate the instant contract to the Defendant.
[Ground of recognition] Facts without dispute, entry of evidence A1 to 4, purport of the whole pleadings
B. According to the above facts of recognition, it is reasonable to view that the contract of this case was terminated for the reason attributable to the defendant who did not pay the proceeds and provide the data for calculating earnings. Accordingly, the defendant calculated the ratio of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 7, 2014 to the date of full payment, at the request of the plaintiff, to the date following the delivery of the copy of the complaint of this case to the defendant as requested by the plaintiff.