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(영문) 부산지방법원 2020.05.21 2019가단327171
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 12% per annum from September 17, 2019 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff appears to have been drafted around May 7, 2019 on December 17, 2018 between D and the Defendant, referred to as a director of a stock company C (hereinafter “foreign company”).

The Home Project (hereinafter “instant project”) entered into an investment contract (hereinafter “instant investment contract”)

The Plaintiff of the instant business investor (hereinafter referred to as “A”) and the director D and the Defendant (hereinafter referred to as “B”) of the Nonparty Company’s non-party company to the instant business investment in the instant business investment contract enter into a contract related to support for the instant business investment as follows.

Article 1 [Purpose] The purpose of this Agreement is to provide support for the business activities of Eul, and to regulate the contents related to the collection of funds by Gap's investment in the products.

Article 2 [Investment Money] The amount invested by Party A in the product to Party B shall be KRW 50,000,000.

Article 3 [Method of Settlement of Profits]

1. Cash deposits shall be repaid in the accounts of Gap according to the methods falling under each of the following subparagraphs with the collecting home principal under Article 2:

2. In principle, it shall be paid monthly from the time when 50% of the net profit from the sale of products occurs, separately from the investment principal of the products under paragraph (1).

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

4.The rate of direct sales and fee shall be measured separately;

5. It shall calculate various fee rates and pay a limited amount in return for profits;

Article 4 (Online Business Book) The Government shall grant the exclusive sales right of online shopping mall operated by the non-party company with the shares of investment.

B. On May 7, 2019, the Plaintiff remitted KRW 50,000,00 to the deposit account in the Defendant’s name (hereinafter “instant money”).

C. Since then, the defendant borrowed 50,000,000 won from the plaintiff to the plaintiff, "the plaintiff is borrowing 50,000 won or less."

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