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(영문) 인천지방법원 2020.01.15 2019가단254979
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 75,246,956 won and the interest rate of 12% per annum from August 29, 2019 to the date of full payment.

Reasons

1. The facts of recognition are as follows: (a) Defendant B, while running the business of manufacturing and selling mobile phone music programs, recruited investors to invest in the above company; (b) the Plaintiff demanded Defendant B to prepare a cash storage certificate and to provide joint and several sureties in order to guarantee the principal of the investment fund; (c) accordingly, Defendant B entered into a fund investment contract with the Plaintiff and Defendant B on November 7, 2016 under the joint and several sureties’s mother, who is Defendant B, with the following contents; and (d) the Plaintiff paid KRW 100,000,000 to Defendant B, either there is no dispute between the parties, or the Plaintiff paid the entire purport of the pleadings as a whole.

(hereinafter referred to as "A", "B", Article 2 [Investment Matters and Period] A shall invest 100,000,000 won in cash to "B", and specific investment schedule shall be as follows:

100,000,000 won - Payment within two days after the conclusion of this Agreement.

B shall prepare a separate certificate of cash storage along with a joint and several surety and submit it to A before the investment.

At this time, the cash storage certificate shall be accompanied by one copy of the resident registration of the B and the joint guarantor, and one certificate of the personal seal impression.

The investment period shall be two years from November 7, 2016 to November 6, 2018.

Article 3 [Return on Investment] Eul shall pay 3,00,000 won per day for 24 months a month at the same time as the part or all of the investment funds of Gap are deposited by the conclusion of this contract.

Article 7 (Recovery of Funds)

1. A may not recover funds for a period of two years from the date of investment.

Provided, That this shall not apply where damage may be caused by delay in the collection of the fund because the reason for the management loss of B is apparent even after the period of prohibition of recovery.

3. A shall recover funds two years after the date of investment, and B shall pay KRW 100,000,000 in cash on the date when the contract expires.

2. Determination

A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 100,000,000 and delay damages therefor.

B. The Defendants are the defendants.

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