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Reasons
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(영문) 서울중앙지방법원 2017.11.10 2016가단105266
투자금반환
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1. As to the Plaintiff’s KRW 65,00,000 and KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 4,00,000 from April 15, 2016.

Reasons

1. Basic facts

A. On February 9, 2012, the Plaintiff invested KRW 150,000,000 to the Defendant’s C&A as follows.

Investment Period: Dividends dividends of KRW 100,000,000, out of the investment principal per year from February 9, 2012 to February 8, 2013 divided by 30% of the investment principal per year for one year: Dividends of KRW 2,50,000,000 per month: 1,250,000 per month;

B. On March 23, 2012, the Plaintiff invested KRW 50,000,000 to the Defendant, as follows:

Investment Period: Dividends of KRW 50,000,000 per year: The 1,250,000 per month 【Ground for Recognition】 the fact that there has been no dispute, Gap’s entries in the evidence 1 and 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the Plaintiff’s respective investment contracts, the Defendant is obligated to pay the Plaintiff KRW 200,000,000,000, total of KRW 60,000,000, and KRW 260,000,000,00 of the invested principal until March 26, 2013. The Defendant paid the Plaintiff KRW 178,37,000, total of KRW 48,37,000, as indicated below.

Therefore, the defendant is liable to pay to the plaintiff 81,663,00 won [20 million won (60,000,000 won)] (130,000,000 won (48,337,000 won)] and damages for delay.

Serial 13,750,00 won on April 13, 2012, 13, 201, 13,750,000 won on April 23, 2012; KRW 3,750,000 on May 15, 2012; KRW 4,587,00 on June 13, 2012; KRW 5,587,00 on July 13, 2012; KRW 63,00,00 on August 16, 2012; KRW 03,00,000 on KRW 13,00 on August 16, 200; KRW 13,00 on KRW 13,5,000 on KRW 7,00 on September 13, 200, KRW 000 on KRW 100,00 on KRW 13,00 on 10,5,201;

B. Determination 1) According to each of the above investment contracts, the principal to be returned by the Defendant to the Plaintiff by March 26, 2013 is KRW 200,000,000, and the dividend is KRW 60,000 [the dividend of KRW 100,000 x 13 x 50,000 x 13] (the dividend of KRW 1,250,000 x 1,250,000 x 13 x 13) as sought by the Plaintiff.

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