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(영문) 대전지방법원천안지원 2019.01.18 2018가합957
투자금반환
Text

1. The defendant shall pay 38,00,000 won to the plaintiff and 200,000,000 won from October 3, 2018 to the day of full payment.

Reasons

1. Basic facts

A. On December 20, 2017, the Plaintiff and the Defendant concluded a lease agreement with respect to approximately 170 square meters of a 7-story hospital-only restaurant located in Dong-gu, Chungcheongnam-gu (hereinafter “instant restaurant”), 2 years of deposit, KRW 200,000,000 of monthly rent, and KRW 15,000 of monthly rent (hereinafter “instant lease agreement”).

B. On December 20, 2017, the Plaintiff paid KRW 50,000,000 to the Defendant out of the instant lease deposit.

C. However, the Defendant requested the Plaintiff to suspend the preparation of the instant restaurant operation as of the end of December 2017, and on January 9, 2018, the instant restaurant cannot maintain the instant lease agreement as it is because it should be operated under the direct method, and if the instant lease deposit is converted into the investment deposit, it would be suggested that the principal should be returned and the amount of KRW 20,000 per month should be paid as profits.

The Plaintiff accepted the Defendant’s request for conversion of investment amount, and thereafter, paid each of the Defendant KRW 30,000,000 on January 18, 2018, and KRW 120,000,000 on February 2, 2018.

(hereinafter referred to as “instant investment contract”) between the Plaintiff and the Defendant upon request for conversion.

However, the Defendant failed to pay the Plaintiff the proceeds agreed under the instant investment contract, and did not comply with the Plaintiff’s demand to return the principal of the investment.

F. On August 10, 2018, the Plaintiff sent a letter verifying the content of the instant investment contract to the Defendant.

[Grounds for Recognition] deemed confession (Article 150 (3) and (1) of the Civil Procedure Act)

2. In light of the above facts, the Defendant: (a) pursuant to the investment contract of this case, KRW 200,000,000 of the principal amount of investment and KRW 138,000,000 of the principal amount pursuant to the investment contract of this case; (b) from February 2, 2018, when the Plaintiff paid the principal amount of the Plaintiff’s investment to August 29, 2018, the amount calculated at the rate of KRW 200,000,000, which was the time when the Plaintiff paid the principal amount of the investment; and (c) the principal amount of KRW 200,000.

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