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(영문) 서울북부지방법원 2020.05.20 2019가단107613
투자금 반환 청구의 소
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 16,481,68, and 5% per annum from June 25, 2018 to May 20, 2020.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company with the objective of real estate sales agency business, real estate consulting business, etc., and Defendant D served as the representative director of the Defendant Company until December 22, 2017.

B. On October 20, 2016, the Plaintiff invested KRW 50,000,00 to the Defendants. The Defendants agreed to provide the Plaintiff with a return on investment of KRW 3300,000 per month with the return on investment and to guarantee the principal.

On October 20, 2016, the Plaintiff paid KRW 46,700,00 to the Defendants on October 20, 2016, and the Defendants repaid KRW 3,300,000 on November 20, 2016, and KRW 3,300,000 on December 20, 2016, and KRW 3,300,000 on January 20, 2017.

C. On February 15, 2017, the Plaintiff received reimbursement of KRW 25,00,000 from the Defendants, and on the same day, agreed to receive KRW 1,650,000 from the Defendant Company every month the remaining principal and KRW 25,00,000 (hereinafter “the instant money”) and return the investment principal (hereinafter “instant agreement”). Article 6(6) of the instant agreement provides that “The return of the investment principal shall be jointly and severally liable by the representative director of the corporation.”

The Defendant Company repaid to the Plaintiff KRW 1,650,00,00 on February 17, 2017, KRW 1,650,00 on March 17, 2017, KRW 1,650,00 on March 17, 2017, KRW 1,650,00 on April 25, 2017, and KRW 10,000 on May 2, 2018, respectively.

[Reasons for Recognition] Unsatisfy, Gap 1 to 3 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendant Company invested KRW 25,00,000 in the Defendant Company, and the Defendant Company paid the principal to the Plaintiff and paid KRW 1,650,000 per month as investment income. Defendant D guaranteed the Defendant Company’s debt.

Therefore, the Defendants are jointly and severally obligated to pay the investment principal of KRW 25,00,000 and KRW 34,650,000 and the total of KRW 49,650,00.

B. The Plaintiff’s assertion by the Defendant Company is KRW 21,700,000 as principal.

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