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(영문) 서울고등법원 2017.03.31 2016나2048998
대여금 등
Text

1. The part against the defendant in the judgment of the court of first instance reflecting the reduction and expansion of the plaintiff's claim in this court.

Reasons

1. The first instance court dismissed the Plaintiff’s Defendant’s unjust enrichment return or claim for damages related to cultural content business (1210 million won), ② G business G business-related loans or claim for damages (250 million won) related to the business of providing art education content owned by H University via the Internet (hereinafter “G”), ③ the Plaintiff’s claim for compensation for damages related to the investment in G business (150 million won). Since the Plaintiff filed an appeal against the said claim, the subject of the judgment by this court is limited to the above claim ②.

2. Determination as to the cause of action

A. Basic facts 1) On December 6, 2010, the Plaintiff and the Defendant enter into an investment agreement with the effect that “the Plaintiff shall invest KRW 300 million in the Defendant with the operating fund, etc. of G business, and the Defendant shall repay the investment principal and 2% of the monthly profit to the Plaintiff after six months (hereinafter “instant primary investment agreement”).

AB concluded the agreement.

its key

Details are as follows:

In making an investment to the defendant, the plaintiff concludes an investment agreement as follows:

1. The Plaintiff shall decide to invest KRW 300 million in the Defendant’s capital necessary for the initial operation of G and the incidental proceeding cost. The Plaintiff shall pay KRW 200 million in the corporate account of G, and KRW 100 million in the designated management account of the Defendant or the Defendant until December 10, 2010.

The defendant shall pay the investment principal and agreed guarantee income in return for obtaining financial financing opportunities from the plaintiff at the same time as the termination or termination of the above business.

2. The defendant must redeem the investment principal at the time of the plaintiff's request after six months from the date of receiving the above investment principal.

3. The final return on investment shall be set at 2% per month and shall be deposited into the passbook designated by the Plaintiff from the following month to the fifth day of each month after the investment.

4. The defendant shall not refuse or reduce the agreed earnings on the grounds related to the operation of G business.

5. The foregoing.

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