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(영문) 서울동부지방법원 2016.07.08 2015가단34193
투자금
Text

1. The Defendant shall pay to the Plaintiff KRW 30 million with 15% per annum from July 17, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant is a company that imports the net height from Vietnam, makes it through well-being for a certain period of time, and sells home shopping, etc.

B. On April 4, 2014, the Defendant drafted a “lostSIX A’s franchise agreement” with the content that the Plaintiff invested KRW 50 million on the contract date, and KRW 200 million on April 21, 2014, in total, KRW 150 million on the contract date, and that the Plaintiff jointly operated and sold home shopping, etc. and distributes the investment amount and profit therefrom.

(hereinafter referred to as the “instant contract”) C.

On April 4, 2014, the Plaintiff remitted total of KRW 100,000 to the Defendant by May 28, 2014, including remittance of KRW 40,000,000.

On November 29, 2014, the defendant tried to pay to the plaintiff, under the title "business co-operation group", the lost and invested money accounts due to the reduction in sales of the net and stock stock.

This understanding is sought.

- the following-

1. It will pay KRW 35 million payable by December 29, 2014.

Preparation and delivery of a document stating "......"

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserts that, on November 29, 2014, the Defendant promised to pay KRW 35 million to the Plaintiff’s account receivable related to the Plaintiff’s net investment to December 29, 2014, and that, among which, five million won was paid during the instant lawsuit, the Defendant shall be paid to the Plaintiff the remainder of KRW 30 million and the damages for delay calculated at the rate of 15 percent per annum from the day after the copy of the instant complaint was served to the day of full payment. (ii) Accordingly, the Defendant, according to the instant contract and the detailed agreement, pursuant to Article 1(7) of the instant contract and the detailed agreement, the Plaintiff would have invested respectively to the Defendant the remainder of KRW 50 million on April 4, 2014, and KRW 150 million on the balance of KRW 21,500,000,000,000,000.

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