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(영문) 서울중앙지방법원 2017.06.13 2017가단34675
투지금반환
Text

1. As to the Plaintiff KRW 27,840,00 and KRW 17,840,00 among them, the Defendant shall pay to the Plaintiff KRW 10,00,000 from November 2, 2016.

Reasons

1. Facts recognized;

A. The Plaintiff entered into an investment agreement with the Defendant and paid the investment money to the Defendant on each contract date.

1) Article 4 of the Investment Agreement of 10,00,000 won from the date of receiving the investment bond of 2% from the date of receiving the investment bond of 10,000 won and 20,000 won from the date of receiving the investment bond of 10,000 won and 20,000 won from the date of receiving the investment bond of 20,000 won from the date of receiving the investment bond of 10,000 won and September 3, 2015) of the investment bond of 2% from the date of receiving the investment bond of 10,000,000 won from the date of receiving the investment bond of 2% from the date of receiving the investment bond of 10,000 won and 2% from the date of receiving the investment bond of 20,000 won may terminate this contract by notifying in writing to the investor even before the expiration of the agreed period (Article 1). In such case, the business owner shall return the remaining amount of investment bond of 3).

Where it is impossible to conduct business for at least six months due to any of the following reasons:

(c) provide for a "Detention of a business entity";

C. The dividend that the Plaintiff received pursuant to the agreement is KRW 15,200,000, and the dividend that the Plaintiff received pursuant to the agreement is KRW 3,040,000.

The defendant is detained for not less than 6 months, such as imprisonment for not less than 12 years by a judgment in the Seoul Central District Court 2016 Gohap932 case.

E. On October 21, 2016, the original copy of the instant payment order containing the Plaintiff’s expression of intent to terminate each of the above investment agreements was served on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3; Gap evidence Nos. 1, 2, and 2; purport of the whole pleadings

2. Determination.

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