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1. The Defendant shall pay to the Plaintiff KRW 36,80,313 and the interest rate of KRW 15% per annum from December 13, 2017 to the date of full payment.
Reasons
1. The Defendant’s judgment on the claim related to the investment deposit operated each restaurant in the name of “C”, “D”, and “E” in Yeonsu-gu and Bupyeong-gu, Incheon. The Plaintiff invested KRW 20 million in the Defendant on April 17, 2015 under the condition that the principal is returned, and the Defendant agreed to pay a profit of KRW 500,000 per month to the Defendant on December 4, 2015. The Plaintiff made an additional investment of KRW 20,000 on the condition that the principal is returned, and the Defendant agreed to pay a profit of KRW 1 million per month to the Defendant on December 4, 2015. The Plaintiff demanded the Defendant to return each of the above investments to the Defendant as the Defendant failed to pay a profit, and the Defendant did not pay the Plaintiff the amount of KRW 25 million out of the investment deposit and the amount of KRW 11,00,313 out of the profits up to now.
Therefore, the Defendant is obligated to pay to the Plaintiff 36,00,313 won (i.e., KRW 11,00,313,000,000) in total of the accrued investments and accrued earnings (i.e., KRW 25,000,000) and damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 13, 2017 to the date of full payment as requested by the Plaintiff.
2. According to the evidence Nos. 2 and 3 of the judgment as to the claim for retirement benefits, the Plaintiff received wages of KRW 27,686,00 in total from May 6, 2016 to April 14, 2017 as indicated in the attached Table Nos. 1 by paying KRW 27,686,00 as one of the deposit payments with the Defendant or the Defendant’s bank account from May 6, 2016 to April 14, 2017. The Defendant received KRW 2,050,000 per month as wages on May 6, 2016 and thereafter did not specify the amount thereafter. However, it is recognized that the Plaintiff received wages of KRW 2,40,00 per month on a fixed basis after December 15, 2016.
Considering the aforementioned timing, amount, period, etc. of payment of benefits, the Defendant is working at the Defendant’s workplace for one year from April 2016 to March 2017, and is working at the Defendant’s workplace for three months from January 2016 to March 2016.