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(영문) 서울중앙지방법원 2017.10.26 2016가합538016
투자금반환 등
Text

1. The Defendant shall pay to the Plaintiff KRW 750,00,000 and the interest rate of KRW 15% per annum from July 15, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff decided to invest the Plaintiff’s money in connection with the club business operated by the Defendant and C on the proposal of the Defendant and C, and paid each Defendant KRW 40 million on December 27, 201, KRW 100 million on February 28, 201, KRW 100 million on February 28, 2012, and KRW 100 million on June 9, 2012.

B. On July 6, 2012, the Defendant, along with C, started operating the instant club in Yongsan-gu Seoul Metropolitan Government “E” (hereinafter “E”) with the said money paid by the Plaintiff, but the Plaintiff continued to have failed to obtain the expected amount of profit.

C. The Plaintiff paid an additional amount of KRW 10 million on October 16, 2012, and KRW 50 million on August 5, 2013, in the name of operating expenses of the instant club, to the Defendant. However, even after the fact, the Defendant did not gain profits from the business of the instant club, and the Plaintiff was not paid any money as a profit for the investment from the Defendant.

The Defendant, at the request of the Plaintiff on December 2013, 2013, borrowed money borrowed as follows: KRW 350 million: The date of repayment on August 5, 2013: The borrowed interest on August 5, 2015: 12% per annum from the obligee on the following terms:

- - Sound

1.The interest shall be transferred to the following banks designated by the obligee by the date of each month:

[Account Number A]

2. The principal shall be fully repaid by August 5, 2015.

Provided, That the period may be extended by mutual agreement.

3. Where interest is overdue for not less than two months, the obligor's entire obligation shall lose the benefit of time and shall, upon the obligee's request, pay in cash the entire obligation;

4. 5. The obligor, as above, promises to borrow and prepare this instrument and deliver it to the obligee.

On August 5, 2013, 2013: B address, resident number, and contact number: (written entry, omitted) creditor A is called "certificate of borrowing."

was prepared and delivered to the Plaintiff.

E. The defendant is the first day of this case.

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