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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. While operating C, the Plaintiff agreed to invest money in D with the Defendant’s business registration completed and operated, and around April 15, 2015, the Plaintiff prepared an investment agreement with E, the Defendant’s partner, and transferred KRW 10,000,000 to D’s account with the following content.
Article 1(Investment and Period of Funds) B (C; hereinafter referred to as the “Plaintiff”) shall, in accordance with this Agreement, invest 10,000,000 won necessary for loans to the National Bank AccountF of A (D; hereinafter referred to as the “Defendant”).
Article 2 (Conditions for Investment Funds) The defendant shall pay 5% of the earnings from the funds invested by the plaintiff at the time agreed monthly.
(A) Article 3 (Repayment of Principal of Investment). (A) The Defendant shall determine in advance the amount invested by the Plaintiff when the Defendant wishes to recover the principal of the investment, and shall make repayment at the time the Plaintiff wishes.
Where the recovery of principal is delayed, the defendant shall pay 5% interest paid by the time the principal is repaid.
The main contents of the Investment Agreement.
B. Thereafter, the Plaintiff is between E and the Plaintiff around May 12, 2015.
The same content as the investment agreement mentioned in paragraph (1) was re-written into the investment agreement (hereinafter referred to as “instant investment agreement”) and additionally remitted KRW 20,000,000 to D’s account.
C. On July 30, 2015, the Plaintiff received four times of remittance from the Plaintiff in the name of D, and subsequently was no longer able to receive the return of the investment amount, the Plaintiff demanded E to return the investment amount.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts of recognition, the defendant, barring special circumstances, is the defendant with a total of KRW 30,000,000 ( KRW 20,000,000) based on the investment agreement of this case and a copy of the complaint of this case sought by the plaintiff after the repayment date.