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Reasons
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(영문) 서울중앙지방법원 2016.11.23 2016가합530258
기타(금전)
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1. The Defendant shall pay to the Plaintiff KRW 368,00,000 and the interest rate of KRW 15% per annum from July 6, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On October 13, 2015, the Plaintiff entered into a joint investment agreement to invest KRW 460,000,000 in the Defendant, who promotes the business of acquiring, developing, and selling real estate in Gangnam-gu Seoul (hereinafter “instant investment agreement”), and transferred KRW 10,000,000 on September 16, 2015, and KRW 110,000,000 on October 12, 2015, and KRW 50,000,000 on October 14, 2015 to the Defendant’s account pursuant to the said agreement.

B. The Plaintiff demanded the Defendant to pay the agreed profits and principal as the Defendant did not repay the agreed profits and principal, and the Defendant, on December 28, 2015, prepared and issued a letter of performance as follows to the Plaintiff:

(hereinafter referred to as "the implementation agreement in this case.D, which was the substantial representative of the operation of the LAB, undertakes to implement the return of the investment funds received from investors in operating the LAB as follows:

1. Miscellaneous money of E-investment (e.g. 500,000,000);

2. The sum of the investment proceeds of the F-registered goods is KRW 1,200,000 ( KRW 1,200,000) - the principal and the amount including profits.

3. The total amount of KRW 598,000,000,000,000,000,000 in total, including the sum of KRW 30,000,000,000,000,000,000,000 of the total amount of the total amount of G bond investment principal and the gross amount of the proceeds (30% of the principal of the principal): The fact that the sum of KRW 598,00,000,000,000,000 was received from A, and that there was a fact that there was a guarantee of profits on the investment amount, and that 50% of the total amount shall be repaid by January 29, 2016 and that 50% shall be repaid by the last day of January 2016.

With respect to the agreement, with respect to the provisional attachment against collateral security claims of Busan District Court 2016Kahap10086, the provisional attachment against collateral security claims of the Seoul Central District Court 2016Kahap530258 (hereinafter “instant principal lawsuit”) and the return of investment deposits of the Busan District Court 2016Ka334 Deposit claims, the above parties agree to the following contents:

1. Eul shall recognize and recognize claims against Gap regarding the principal lawsuit of this case.

2. B: 460,000 won of the instant deposit.

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