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1. The Defendant shall pay to the Plaintiff KRW 84,590,258 and the interest rate of KRW 15% per annum from May 11, 2017 to the date of complete payment.
Reasons
Facts of recognition
The following facts are acknowledged in light of the overall purport of the pleadings in the statements No. 1, No. 2, No. 1, No. 3, and No. 3.
A. On June 30, 2014, the Defendant concluded an investment contract (hereinafter “instant contract”) with the Plaintiff that “The number of stores of the Defendant’s management franchise store reaches 100, monthly credit card payment number of 130,000 won, and that the Defendant would pay VN commission (only “credit card (hereinafter “credit card”) generated from the Defendant’s management franchise store management franchise store by collecting credit card payment details and informing the card provider of the fact.” The Defendant provided the Plaintiff with KRW 100 million investment funds, and the Defendant entered into an investment contract with the Plaintiff that “The Defendant would pay KRW 17.5 won per case and KRW 20,000 for each franchise store (including value-added tax) for the period from November 2014 to November 2017.”
Accordingly, the Plaintiff transferred KRW 100 million to the Defendant through the account in the name of the stock company B on the same day.
B. Around November 2014, the Defendant requested the Plaintiff to postpone the time of commencement of payment of earnings under the instant contract, stating that “A franchise store transfer from a credit card settlement agency is delayed, and will be transferred in full after the lapse of three months.” Accordingly, the Plaintiff and the Defendant were to postpone the time of commencement of payment of earnings under the instant contract with the Defendant as “ January 2015.”
C. On January 1, 2015, the Plaintiff again paid KRW 963,178 to the Plaintiff on January 19, 2015, stating that “The transfer of member shop to the Plaintiff is below 50%, and should be completed within one month,” and thereafter, the Plaintiff paid KRW 970,404, a large amount of KRW 1,45,913, each of which was less over 11 times from February 27, 2015 to December 13, 2015, and each of the said payments was paid to the Plaintiff.