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Reasons
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(영문) 서울북부지방법원 2017.12.19 2017가단127552
약정금
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1. The Defendant each of the Plaintiffs’ KRW 50,000,000 and the Defendant’s each of them from September 1, 2016 to Plaintiff A, and Plaintiff B from March 1, 2016 to Plaintiff B.

Reasons

1. Determination as to the cause of claim

A. (1) The Defendant is a person who actually operated a corporation E (hereinafter “E”) aimed at the export and import of coffee and food, wholesale and retail business, etc.

(2) Around May 2015, the Plaintiffs invested KRW 50 million to the Defendant, respectively, and the Defendant entered into a fund investment contract with the effect that the Plaintiffs shall pay KRW 500,000 per month from the time when six months have elapsed since the date of investment to the Defendant, and that the Defendant shall pay KRW 500,000 per month the monthly income to the Defendant. At that time, each time paid KRW 50,000 to the Defendant.

(3) However, the Defendant’s failure to pay the proceeds and demanded the return of the investment proceeds to the Defendant. On September 3, 2015, the Defendant agreed to pay the Plaintiffs KRW 50 million of the investment principal up to June 30, 2016, with interest at interest rate of KRW 500,000 each month from January 1, 2016, and to lose the benefit of the time when interest is overdue at least twice, and the foregoing loan certificate is “each of the instant loan certificates.”

(4) The defendant made the plaintiffs on January 2016 and the same year.

2. Each one million won was paid as interest, and thereafter, the Plaintiff paid to the Plaintiff A an amount equivalent to three million won, and the Plaintiff C an amount equivalent to ten million won as interest or investment income instead of interest or investment income.

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

B. According to the facts of the above recognition, the defendant's investment payment or agreed payment of KRW 50 million to the plaintiffs, and each of them as to the plaintiff A on September 1, 2016 and the same year.

2. Interest of KRW 1 million and interest of KRW 3 million from March 1, 2016 to August 31, 2016; Plaintiff B from March 1, 2016 to August 31, 2016; and Plaintiff B from March 1, 2016 ( January 1, 2016 and the same year)

2. From 1,00,000 to 1,000 interest, and from 1, 2017 to 2,000 to 3,00

2. Interest of KRW 1 million and interest of KRW 1 million from March 1, 2016 to October 31, 2017.

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