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(영문) 의정부지방법원 고양지원 2018.10.17 2016가단26924
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 60 million and the interest rate of KRW 15% per annum from December 28, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The defendant is a company running a mushroom farm business, etc.

B. On the Internet, the Plaintiff reported an investment advertisement for a mushroom farm posted under the name of the Defendant with the content that “a approximately 100% of the investment amount shall be guaranteed at an annual return on investment,” and transferred KRW 30 million to the Defendant on January 6, 2014.

C. Around January 6, 2014, the Plaintiff and D drafted an investment agreement with the following terms and conditions (hereinafter “instant agreement”).

The defendant of the investment agreement and the plaintiff shall agree on the basic matters of the project under this Agreement between the parties for the mushroom farm business in Seocho-gu Seoul, Seoul, as follows, and enter into this Agreement:

Article 1 (Opening of Business) - Omission- Article 2 (Investment Funds and Repayment) (1) The Plaintiff shall invest 60 million won for the Project.

② As consideration for the Plaintiff’s investment, the Defendant shall provide the Plaintiff with KRW 5 million monthly dividends from the following month of the month during which harvest was commenced after the completion of construction of the main business facility to the month of production.

The taxes and public imposts shall be borne by the plaintiff.

③ The Plaintiff may recover the invested principal after notifying the Defendant two months before the principal of the investment amount. The amount of monthly yield shall be subtracted when the Defendant repaid the invested principal to the Plaintiff.

4. The defendant is unable to operate a mushroom farm any longer at a disaster or on-site, and the conflict between the plaintiff's opinion and the plaintiff's actual site as a security may arise and the plaintiff may repay the investment money and terminate the investment contract when a cause not to reach an investment agreement with the plaintiff arises.

Article 3 (Name and Change of Policyholders) (1) Preparation of a contract shall be the plaintiff, defendant or a person designated by the plaintiff.

Article 4 (Inclusion of Investment Principal) (1) The investment principal shall be deposited in the head of the Tong or the financial institution designated by the defendant for the contract.

(2) Funds shall be deposited with the defendant passbook.

Business owner (A): The address of B farming association corporation.

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