(영문) 서울남부지방법원 2018.11.27 2018가단14315

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(영문) 서울남부지방법원 2018.11.27 2018가단14315

투자수익금

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1. The Defendant’s KRW 6,712,327 as well as 5% per annum from July 18, 2018 to November 27, 2018 to the Plaintiff.

Reasons

1. Amount borrowed on the basis of facts: The amount borrowed on a daily basis (200,000,000); and

1. The debtor (the defendant) has borrowed the above amount from the creditor (the plaintiff) without recourse, and has promised to perform it as follows:

The principal repayment period: Interest on September 30, 2017, and February 28, 2018: 2,000,000 won per month (the first payment date of April 10, 2017): the 10th of each month (the first payment date of April 10, 2017).

3. If the repayment of principal and interest is delayed, the debtor must pay interest of 50,000 won per day as delayed loss.

[Matters] The amount of KRW 50,000,000 out of the investment income of KRW 100,000,000 shall be paid in September 30, 2017, and the remainder of KRW 50,00,000 shall be paid in February 28, 2018.

On March 6, 2017, the Plaintiff prepared a certificate of monetary rent with the Defendant (hereinafter “instant agreement”) and transferred KRW 200,000,000 to the Defendant on the same day as the following day.

B. On the same day, the Plaintiff was issued a receipt stating that “I will receive the aforementioned amount as money borrowed in installments (200,000,000)” from the Defendant.

C. The Defendant paid KRW 100,000,000 among principal to December 28, 2017, and the remainder of KRW 100,000,000 to June 5, 2018, respectively, paid interest of KRW 20,000 for ten months from April 10, 2017 to January 9, 2018, and paid KRW 25,000,000 on November 2, 2017 under the pretext of investment proceeds.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The plaintiff asserted that the plaintiff invested KRW 200,00,000 in the sale business of the new construction of the Kimpo-si's ground neighborhood living facilities and officetels conducted by the defendant. Since the defendant did not pay the agreed interest and investment profit, the plaintiff sought payment of KRW 4,427,956 with the principal only returned, the unpaid interest and investment profit amount of KRW 9,30,000 due to delay due to delay in payment of the principal, and KRW 75,00,000 with interest and investment profit, and delay damages of KRW 90,714,256 with respect thereto.

As to this, the defendant is a monetary loan contract, the substance of which is the contract.

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