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(영문) 광주고등법원 2019.11.01 2018나20933
투자금반환
Text

1. The plaintiff's appeal, the first claim extended by this court, and the second claim and the second claim additionally made.

Reasons

(2) On May 2012, the Plaintiff notified the Defendant of the termination of the check number M, payment date, and the Defendant’s issuance of the check number sheet against the Plaintiff, and the Plaintiff demanded the Defendant to return the investment amount and pay the proceeds therefrom. The Plaintiff notified the Plaintiff to cancel the instant partnership agreement. At the Plaintiff’s request, the Defendant issued a check number M, the check number M, the check number payment date, and the check number sheet of KRW 458,283,780 at par value (hereinafter “the second check number sheet”) to the Plaintiff around June 20, 2012, and the Plaintiff drafted a receipt certificate (hereinafter “the receipt certificate of this case”). At that time, the Plaintiff drafted to the Defendant a receipt certificate (hereinafter “the receipt certificate of this case”).

The plaintiff confirms that "the receipt certificate was received as the per unit (M) table for the amount specified below as of June 20, 2012.

1. Interest of 11% per annum for 600 million won per annum 132,00,000 won per 24 months;

2. Heavy loan of 120,000 won; and

3. Amount of unpaid benefits 106,283,780 won.

4. The total amount of 100,000,00 won for performance: 458,283,780 won for performance * the above contents are as follows from June 20, 2012, the 6th to 6th 5th e.g., the balance of the claim as of June 20, 201:

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 through 8, 10 through 12, 17, Gap evidence No. 21-1, Eul evidence Nos. 3 and 11, and the purport of the whole pleadings “as a whole.”

2. The plaintiff's assertion

A. 1) The First Jeju Claim (A claim for the settlement of accounts under the termination or agreement of the instant trade agreement) is a partnership relationship under the instant trade agreement (hereinafter “instant partnership relationship”).

(2) Around May 2012, the Plaintiff and the Defendant completed the Plaintiff’s exercise of the right to terminate the instant partnership agreement pursuant to Article 17 of the instant partnership agreement, and around June 2012, the Plaintiff and the Defendant are based on the agreement amounting to KRW 1,058,283,780 to the Plaintiff for termination of the partnership relationship (=investment amounting to KRW 600,000,000).

An “interest of 11% per annum on 600 million won” in the certificate of receipt of an port refers to the “interest of 24 months per annum.”

The basis for additional settlement 326,283,780 won is called the fact.

a certificate of receipt of the port.

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