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(영문) 수원지방법원 성남지원 2018.05.01 2017가합404609
양수금
Text

1. The Defendant’s KRW 800,000,000 as well as the Plaintiff’s annual rate of 5% from January 1, 2017 to August 28, 2017.

Reasons

1. Basic facts

A. 1) The defendant is entitled to the Act on Fostering and Supporting Agricultural and Fishery Enterprises (hereinafter “Agricultural and Fisheries Business Entities Act”) for the purpose of running agricultural business and incidental business, etc.

(2) The net C is a person registered as the representative director of the Defendant from the time of the Defendant’s establishment to December 30, 2016.

B. On April 24, 2014, the Plaintiff and the Defendant entered into an agreement on the return of investment funds between the Plaintiff and the Defendant (hereinafter “instant agreement on the return of investment funds”) with the following content.

The plaintiff (B), the defendant (A), and C (A) agree as follows in a letter of promise to repay the investment amount:

1. The Defendant shall pay KRW 800,000,000 to the Plaintiff by December 31, 2016.

2. C is liable if the defendant fails to pay the above amount.

(3)Paragraphs are omitted.

4. On the completion of Articles 1 and 2 above, it shall be deemed that the Plaintiff has repaid all the investment principal and earnings with respect to KRW 1 billion invested in D Co., Ltd. (hereinafter referred to as “D”), and the Plaintiff does not raise any objection against C as a civil or criminal charge.

On April 24, 2014: Each entry and the whole purport of pleading by Plaintiff A (A) C: Plaintiff A (A) [based grounds for recognition], the absence of dispute, Gap evidence 1, 9, and Eul evidence 2 (including branch numbers; hereinafter the same shall apply) and the whole purport of pleadings.

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion 1) The Defendant is obligated to pay KRW 80 million and delay damages to the Plaintiff in accordance with the instant agreement on the return of the investment amount. 2) The Defendant acquired the obligation to return the investment amount that D bears to the Plaintiff. As such, the Defendant is obligated to pay to the Plaintiff the amount equivalent to the amount invested in D as the claimant is liable to assume the obligation.

B. According to the above facts of recognition, the defendant is required to pay KRW 800 million to the plaintiff according to the agreement on the return of the investment amount of this case.

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