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(영문) 서울남부지방법원 2020.02.27 2019가단204740
투자금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 333,34 won and 6% per annum from February 21, 2019 to February 27, 2020.

Reasons

1. Facts of recognition;

A. On December 28, 2016, the Plaintiff agreed to invest KRW 200,000,000 in an agency business for the purchase of duty-free goods by the Defendants, and in return, the Defendants shall pay 4% of the monthly investment amount to the Plaintiff for one year.

(hereinafter “instant agreement”). When the Defendants delay the payment of the said 4% amount for at least 30 days, the contract is terminated, and the Plaintiff should return KRW 200,000,000 to the Plaintiff.

B. In accordance with the agreement of this case, the Plaintiff paid 200,000,000 won to the Defendants on the same day, and the Defendants issued a loan certificate stating that “the Defendants borrowed 200,000,000 won to use it for the purchase of duty-free goods.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The parties' assertion

A. Plaintiff 1) The primary claim was paid KRW 8,00,000 equivalent to 4% of the amount invested each month until June 2017, but the agreement of this case was terminated on July 2017, but it was later failed to receive only KRW 130,00,000 of the investment principal. Accordingly, the Defendants have the duty to return the remaining principal of investment to the Plaintiff KRW 70,000,000. (2) If the interest limit rate under the Interest Limitation Act applies to the profits that the Plaintiff received from the Defendants, the amount exceeding 24% per annum 24% per annum under the Interest Limitation Act is appropriated for the repayment of the investment principal. Accordingly, the remaining principal of the investment principal is KRW 59,628,986, since the Plaintiff’s interest limit under the interest Limitation Act is appropriated for the repayment of the investment principal.

Therefore, the Defendants are obligated to return the remaining investment principal to the Plaintiff KRW 59,628,986.

B. Until February 2017, Defendants paid KRW 8,00,000 equivalent to 4% of the monthly investment amount as profits. However, from March 2017, the Plaintiff agreed with the Plaintiff to return the investment principal from March 2017, and returned KRW 192,00,000,000 out of the investment principal.

On the other hand, it was paid to the Plaintiff by February 2017.

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