(영문) 대구지방법원포항지원 2015.10.13 2015가단4854

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(영문) 대구지방법원포항지원 2015.10.13 2015가단4854

대여금

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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from May 15, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On May 10, 2005, the Plaintiff and the Defendant agreed that the Defendant shall invest KRW 30 million in the Defendant’s entertainment room business with 1/3 equity interest, and that the Defendant shall pay 1/2 out of the profits accrued from the said entertainment room business to the Plaintiff (hereinafter “instant investment agreement”).

The Plaintiff and the Defendant provided that both parties may terminate the instant investment agreement at will under the said investment agreement, and the Defendant agreed that the Plaintiff shall return to the Plaintiff the total amount of KRW 30 million invested when the Plaintiff terminates the investment agreement within one month from the date of receipt of notice of termination.

B. In concluding the instant investment agreement on May 10, 2005, the Defendant prepared and issued to the Plaintiff a notarial deed of debt repayment contract with the content of KRW 30 million and one month after the date of notifying the termination of the term of redemption.

C. On October 26, 2005, the Plaintiff notified the Defendant of the termination of the instant investment agreement, and the said termination notice reached the Defendant around that time.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination

A. According to the above facts, pursuant to the instant investment agreement, the Defendant is obligated to pay to the Plaintiff KRW 30 million and damages for delay calculated at the rate of 20% per annum from May 15, 2015 to the day of full payment, which is the day following the delivery of a copy of the instant complaint filed by the Plaintiff after the due date.

B. The defendant asserts that since the settlement of the partnership relationship under the investment agreement of this case has been completed, the above investment amount is not obligated to be returned.

In addition, there is no evidence to acknowledge this, and in the investment agreement of this case, the defendant agreed to return the full amount of the investment deposit to the plaintiff when the plaintiff's termination notice is given, so the defendant's above assertion cannot be accepted.

3. Conclusion, the plaintiff's claim is justified.

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