(영문) 서울중앙지방법원 2015.07.23 2014가단5150823

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.07.23 2014가단5150823

약정금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 80,000,000 won and each year from February 23, 2013 to June 18, 2014.

Reasons

1. Basic facts

A. On August 21, 2012, the Plaintiff entered into an investment contract (hereinafter “instant contract”) with Defendant Aflucom Ltd. (hereinafter “Defendant Company”) with the following contents, and Defendant B and C jointly and severally guaranteed the Defendant Company’s obligations.

Article 1: The Plaintiff shall invest KRW 100 million in the Defendant Company by August 22, 2012.

Article 2:The Defendant Company shall pay to the Plaintiff the amount of KRW 100 million within six months, and shall pay 30% of its profits from the D Business (Resan-gu) within one month after sale or completion.

Article 3:Defendant B and Defendant C, a joint and several surety of the defendant company, are jointly and severally liable with the defendant company within the limit of 3 billion won with the obligation to return the investment amount of KRW 100 million as prescribed in Article 2 and the profit of the D business.

B. On August 22, 2012, the Plaintiff paid KRW 100,000 to the Defendant Company.

C. Meanwhile, on September 11, 2013, Defendant B repaid KRW 20,000,000 to the Plaintiff. On the same day, Defendant Company and Defendant B drafted a written confirmation stating that “The Defendant Company shall pay KRW 20,000,000 out of KRW 100,000,000 borrowed from the Plaintiff on September 11, 2013 and promised to repay the remainder by October 15, 2013.”

[Ground of recognition] between the plaintiff and the defendant company and the defendant company: Evidence Nos. 1 to 3, 2, 4, and 5 of Evidence No. 1 to the whole purport of the pleading, and between the plaintiff and the defendant C: A confession pursuant to Article 150(3) and (1) of the Civil Procedure Act

2. The assertion and judgment

A. According to the facts of recognition as to the Plaintiff’s claim, barring any special circumstance, the Defendants jointly and severally (i.e., the amount equivalent to 80,000,000,000 won not to be returned out of 100,000,000 won and 30% of the profits from D’s business, whichever is 100,000,000 won not to be returned to the Plaintiff, and (ii) the amount equivalent to 80,000,000 won not returned out of 10,000 won to the Plaintiff.

참조조문

-민사소송법 제150조 제3항

유사 판례

-서울동부지방법원 2018.10.17 2018나22505

-서울서부지방법원 2016.07.19 2014가단254350

-춘천지방법원원주지원 2020.05.22 2018가단308527 (1)

-서울동부지방법원 2015.06.02 2014가합12902

-서울동부지방법원 2015.06.05 2013가합18606