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(영문) 서울중앙지방법원 2015.04.07 2014나32198
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's remittance and return of money by the defendant

A. On June 201, upon introduction by C, the Plaintiff agreed to pay 20% of the investment and loan to the Plaintiff, along with the principal, if the Plaintiff invested the Plaintiff’s money in the Defendant’s clothes business with the Defendant, the mother of C, who was the partner of the clothing business.

B. On June 10, 201, the Plaintiff paid or remitted total of KRW 31.6 million to the Defendant on June 10, 201, KRW 10 million on June 23, 2011, KRW 5 million on September 26, 2011, KRW 600,000 on July 19, 201, and KRW 600,000 on August 5, 201.

(hereinafter referred to as “instant investment”). C.

From June 21, 2011 to April 17, 2012, the Defendant paid the Plaintiff totaling KRW 2,577,00,000 to the Plaintiff as the income from the investment, the return of the investment principal, and the return of the loan.

[Reasons for Recognition] Facts without dispute, Gap 1 through 6 evidence, the result of the first instance examination of the plaintiff (except for the part not trusted in the front) and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the instant investment amount should be refunded KRW 11,404,100,00 for the remainder of the investment amount and the profits, since the said amount was 3,3250,000 won per month, and 2,7420,000 won was refunded from the Defendant.

As seen earlier, the fact that the sum of the instant investments (a simple loan) is 31.6 million won, and that the Defendant paid 20% profits therefrom.

Therefore, 25.7 million won paid by the Defendant to the Plaintiff is first appropriated for 6.2 million won (31.6 million won x 20%) from the proceeds of 31.6 million won from the instant investment, and the remainder of 19.45 million won (25.77 million won-6.20 million won) is appropriated for principal and the remainder of the investment amount is 1,2150,000 won (31.6 million won-1,9455 million won) that the Defendant paid to the Plaintiff. Thus, the Defendant is obligated to pay to the Plaintiff the remainder of the investment amount of 1,2150,000 won from the remainder of the investment amount of 1,2150,000 won (31.6 million won-1,404,100 won, and damages for delay.

B. The Plaintiff’s judgment on the cost of goods or the cost of goods consignment is against the Defendant.

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