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(영문) 수원지방법원성남지원 2015.05.28 2015가합200490
투자금 반환
Text

1.For the Plaintiff’s KRW 62,782,349 and its KRW 42,023,762, the Defendant respectively, and for the Plaintiff’s KRW 22,407,90 and interest rate.

Reasons

1. Determination on the cause of the claim

A. Plaintiff A and B entered into a contract with the Defendant under which the Defendant shall guarantee the investment principal and pay 10% of the monthly profits to the Plaintiffs if the Plaintiffs paid the investment principal (hereinafter “instant investment contract”); Plaintiff A paid KRW 15,300,000 as indicated in the attached Table 1 transaction statement, as between October 21, 201 and June 14, 2013; and Plaintiff B paid KRW 26,407,90 in total the investment amount from August 23, 201 to March 26, 2013, as listed in the attached Table 2 transaction statement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the above facts, the plaintiffs have a claim to return the investment principal to the defendant under the investment contract of this case.

Therefore, unless there is any assertion or proof that the repayment period of the investment principal of this case was set between the plaintiffs and the defendant, the above repayment claim should be deemed to be a claim without fixing the repayment period, and as long as the plaintiffs requested the return of the investment principal to the defendant by the delivery of a copy of the complaint of this case, the above repayment claim has arrived.

I would like to say.

C. Plaintiff A is a person who received reimbursement of KRW 53,300,000 of the invested principal, and KRW 4,000,000 of the invested principal, as shown in the attached Table 2 transaction statement, as shown in the attached Table 1 transaction statement, and Plaintiff B is a person who received reimbursement from the Defendant, barring any special circumstance, the Defendant is obligated to pay to Plaintiff A the amount excluding the above amount from the investment principal - KRW 15,300,000 ( KRW 15,300,000 - KRW 53,300,000) and damages for delay with respect to each of the above amounts.

2. The defendant's assertion that the defendant paid to the plaintiff A money under the name of profits as shown in the attached Table 1 specification of transactions, in addition to the above person's amount of money, and combines each of the above repayment amount.

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