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(영문) 서울중앙지방법원 2015.04.22 2014가합589362
투자금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 120 million per annum from December 12, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On March 1, 2013, the Plaintiff made a contract between the Defendant and the Defendant to pay the Defendant the sum of KRW 130 million,00,000,000,000,000 from March 1, 2013, and KRW 120,000,000,000,000 from March 8, 2013 (the KRW 10,000,000,000,000,000,000,000) as the investment money. The Defendant paid the Defendant the amount calculated by deducting 30% of the commission, personnel expenses, food materials use expenses, taxes, management expenses, and other operating expenses from the total sales amount of “B” the Plaintiff’s “B”’s “investment contract,” and the contract was “the instant investment contract,” and the Defendant paid KRW 130,00,00,00 according to the instant investment contract.

B. Article 6 (1) of the Investment Contract of this case provides that "where this contract is terminated due to a cause attributable to the plaintiff, the defendant does not refund the plaintiff's investment deposit (including a security deposit), and where this contract is terminated due to a cause attributable to the defendant, the defendant shall refund the investment deposit including the security deposit." Article 6 (2) of the Investment Contract of this case is attached to the Investment Contract of this case, and the document attached to the Investment Contract of this case and stipulated the contents of the Investment Contract of this case [investment and profit-making agreement] 2-2 of the Investment Contract of this case. Upon the plaintiff's request, the defendant shall make public the detailed data related to the sales and correct it when there is an error in the data. If the error is caused by the defendant's intentional error, the defendant shall pay 3% of the sales amount to the plaintiff

C. The Defendant: (a) under the name of investment income, KRW 2260,00 won on May 31, 2013; (b) KRW 2,61,219 on July 2, 2013; and (c) KRW 3,190,193 on August 1, 2013; (b) KRW 2,668,130 on September 18, 2013; and (c) KRW 2,345,728 on October 29, 2013; and (d) KRW 814,710 on November 20, 2013; and (e) KRW 170,00 on February 10, 2014; and (e) KRW 100,000 on March 10, 2014;

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