(영문) 서울고등법원 2015.04.23 2014나48424

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(영문) 서울고등법원 2015.04.23 2014나48424

부당이득금

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1. The part of the judgment of the court of first instance against the plaintiff falling under paragraph (2) shall be revoked.

2...

Reasons

1. Facts of recognition;

A. On October 22, 2010, the Plaintiff: (a) heard the horses that “the Plaintiff may make a larger profit if it invests in the casino via the Defendant; (b) visited the Defendant directly on October 22, 2010; and (c) concluded an investment contract with the Defendant on October 30, 2010 with the following content (hereinafter “instant investment contract”).

Article 1 (Purpose) The purpose of this Agreement is to provide for the content relating to the distribution of profits (for example, HD 11,080,000 per month) and the maintenance of the contract for the purpose of investing in the 2nd floor VIP casino in accordance with the investment contract concluded by the Defendant with the Makao Casino Limited Corporation (hereinafter referred to as the “company”).

Article 3 (Investment Funds)

1. The amount invested by the Plaintiff to the Defendant is HKR 5,400,000 (original KRW 810,000,000) equivalent to 3%.

2. The Plaintiff shall deliver the investment to the Defendant by November 3, 2010.

Article 4 (Prohibition of Diversion) The defendant shall not use the investment money received from the plaintiff for any purpose other than VIP investment on the second floor of the casino for improvement.

Article 5 (Method of Settlement of Accounts and Distribution of Profits)

1. The defendant shall notify the plaintiff of the monthly settlement of accounts in writing, and shall be liable for civil or criminal liability when he/she commits an act contrary to the principle of good faith, such as falsity, omission, and overcoming.

2. The closing date shall be within two business days from the date the defendant received the settlement of accounts and dividends from the company every month;

(Provided, however, the 10th day of each month). 3. The defendant shall pay 60/100 of the Plaintiff’s equity interest equivalent to the Plaintiff’s investment, out of the monthly dividend from the company, excluding the management expenses.

Article 6 (Term and Revision of Contract)

1. This Agreement shall continue for a six-month period from November 1, 2010 to April 30, 201, and the re-contract may be extended by six months upon mutual agreement between the Plaintiff and the Defendant.

2. The Plaintiff and the Defendant’s modification of the contract during the contract period.

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