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(영문) 서울중앙지방법원 2018.12.06 2017가단5082921
기타(금전)
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 58,529,455 and KRW 57,088,505, whichever is applicable, from June 28, 2017 to the date of full payment.

Reasons

1. Basic facts

A. From around 2014, the Plaintiff received money, labor, etc. from investment in the sales business of overseas prestigious items operated by the Defendant, and the Defendant actually operated the business by operating the business.

B. In the process, the Plaintiff’s KRW 15 million to the Defendant on May 13, 2014, and the same year

5. 29.20 million won, and the same year.

6. On July 15, 2014, the Plaintiff remitted to the Defendant the sum of KRW 15 million and KRW 50 million to the Defendant. On July 15, 2014, the Plaintiff purchased and delivered to the Defendant a Chinese business trip of KRW 200,000,00,000 to the Chinese People’s Republic of China. As to the said investment amount (hereinafter “the instant investment amount”), the amount calculated at a fixed rate of approximately 3% per month after the investment (for Korean money, KRW 1.5 million per month, and for Chinese money, KRW 1.5 million per month, and for Chinese money, KRW 1.5 million per month, and hereinafter “the instant revenue”).

C. After that, the Defendant’s business operation is not smooth, and the consultation on new investment, etc. was concluded on August 2014, but around August 2015, the business relationship was completely terminated.

However, the defendant continued to pay the proceeds of this case to the plaintiff as before.

On January 25, 2016, the Plaintiff continuously requested the return of the principal of the instant investment amount, and the Defendant drafted a repayment plan to the Plaintiff by February 5, 2016 (hereinafter “instant repayment plan”).

[Ground of recognition] Gap evidence Nos. 1, 4 through 9, 13, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion and the Defendant did not pay the instant amount equivalent to 3% per month for the instant investment funds from the beginning (hereinafter “instant agreement”) pursuant to the oral agreement, even after the termination of the agreement, from January 2017.

The defendant shall make the agreement of this case and the repayment plan of this case to the plaintiff.

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