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(영문) 서울고등법원 2017.06.14 2017나2010112
약정수익금
Text

1. The plaintiff's appeal against the main claim is dismissed.

2. The plaintiff's exchange change in this court.

Reasons

The Plaintiff’s assertion as to the primary claim was made by the parties, from January 31, 201 to April 20, 2012, the Plaintiff invested a total of KRW 415.3 million in Defendant B Co., Ltd. (hereinafter “Defendant Company”). On May 4, 2012, the Plaintiff concluded an aviation ticket investment contract with the Defendant Company to determine the amount of the Plaintiff’s investment to be KRW 420 million by adding the amount of the invested money to the amount that has not been settled with the actual representative director of the Defendant Company, and agreed to receive KRW 21,00,000,000 from May 31, 2012 to the amount of the amount of the said investment.

(2) On September 14, 2012, the Plaintiff entered into an agreement with Defendant C to additionally invest KRW 80,000,000 (hereinafter “instant investment agreement”) and to pay KRW 5,000,000 per month as a profit from the additional investment (hereinafter “instant first additional investment agreement”); and (2) on October 30, 2013, the Plaintiff entered into an agreement to additionally invest KRW 20,000,000 in Defendant Company and to pay KRW 1,000 per month as a profit from the additional investment.

(2) The Defendant Company is merely an individual company of Defendant C in terms of funds and business relations, and the Defendant Company is also liable for each of the instant investment agreements, including the instant investment agreement and the instant first and second additional investment agreements.

Therefore, the Defendants jointly have the obligation to pay to the Plaintiff the accrued income (i.e., KRW 73,8510,000,000 from September 29, 2014 - KRW 11,088,000,000,000) and damages for delay from the accrued income under each of the instant investment agreements (i.e., the accrued income up to September 29, 2014 - KRW 18,000,000,000,000).

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