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(영문) 인천지방법원부천지원 2016.08.26 2015가단118221
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 15% per annum from January 30, 2016 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Evidence A Nos. 1 through 4, the Plaintiff and the Defendant as a senior alumni, the Plaintiff and the Defendant concluded a branch contract with C Co., Ltd. to sell senior citizens emergency liaison and security devices, home network system, vehicle security and remote control systems, etc. Around November 6, 2006, the Defendant entered into an investment agreement with the above company on November 13, 2006, and the Plaintiff invested KRW 180,000,000 to the Defendant. The Defendant closed the business on December 31, 2007, where the Plaintiff was unable to recover all of the investments due to the business failure, and the Plaintiff demanded the Defendant to preserve some of the investments, and the Defendant promised to reimburse the Plaintiff on April 6, 2010 through repayment from 200 to 100.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 90,00,000,000 and damages for delay calculated at the rate of 15% per annum from January 30, 2016 to the day of full payment as requested by the plaintiff, which is the day following the delivery of a copy of the complaint of this case.

In regard to this, the defendant asserted that the plaintiff's above contract deposit claims were unilaterally withdrawn from the partnership relationship and that part of the investment deposit claims were extinguished by the expiration of the five-year period prior to the institution of the lawsuit of this case. Thus, the defendant's assertion that the defendant had already reported the closure of business at the time of promising the plaintiff to pay KRW 90,000,000 to the plaintiff, and that the defendant had not run the business is identical to the above, and even if the plaintiff was the representative director of Eul Co., Ltd. as alleged by the defendant, the plaintiff has invested in the defendant as the representative director of the Co., Ltd., or requested the defendant to return the investment deposit to the defendant.

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