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Reasons
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(영문) 서울중앙지방법원 2015.05.21 2014가합573091
약정금
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1. The Defendant shall pay 377,200,000 won to the Plaintiff and 20% per annum from January 9, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. 1) The Defendant is a stock company C (hereinafter “C”) with the objective of investment advisory business in securities.

2) The Plaintiff visited Niber B and C’s website operated by the Defendant, and sought explanations related to stock investment and project investment from the Defendant, and concluded an investment contract with the Defendant.

B. On May 29, 2013, the Plaintiff entered into a fund investment contract with the Defendant to invest KRW 130 million on May 29, 2013. The Plaintiff, under the said investment contract, remitted the amount of KRW 100 million on the contract date, KRW 8 million on June 24, 2013, KRW 60 million on July 5, 2013, KRW 130 million on July 16, 2013, and KRW 130 million on the aggregate to the Defendant’s account at the time of entering into the said investment contract (Evidence 1-1-2), stating that “The Plaintiff shall pay the Plaintiff the total amount of the investment principal and KRW 30 million on July 25, 2014.”

3) Upon the Defendant’s recommendation, the Plaintiff additionally transferred KRW 10 million to the Defendant’s account in total and KRW 24 million on September 13, 2013, and September 17, 2013, respectively. (c) On July 22, 2013, the Plaintiff concluded a fund investment contract with the Defendant to invest KRW 150 million with the Defendant on July 22, 2013.

On July 23, 2013, the Plaintiff transferred to the Defendant’s account the total amount of KRW 80 million, KRW 70 million on August 23, 2013, and KRW 150 million on a deposit under the said investment contract.

2) A contract prepared at the time the said investment contract was concluded (as of February 21, 2014, the “investment period” was up to February 21, 2014, and the Defendant shall pay the investment principal and the profits to the Plaintiff by the expiration date of the contract.

50% of the investment profits shall take 50% of the total profits to the defendant.

In the event of loss of investment funds, the defendant is KRW 150 million for the plaintiff's investment funds.

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