beta
Text
1. The defendant shall pay 122,093,700 won to the plaintiff and 15% per annum from October 8, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. On October 13, 2014, the Plaintiff entered into a concurrent import business investment contract with the Defendant (hereinafter “instant investment contract”) and paid the Defendant KRW 158,493,700 with the investment deposit (10 million for high-priced goods investment, and the remainder for the investment of low-priced goods) from around that time to November 3, 2014.
The main contents of the instant investment contract are as follows.
The defendant, using the plaintiff's investment deposit (up to KRW 200 million), operates the business of directly importing (up to 50%) foreign-registered brand products, such as precious metals, visuals, and bags, and the defendant acquiring 50% of the investment profits from the plaintiff in the following manner: the defendant, who acquired 50% of the investment profits, shall pay the investment principal and profits to the plaintiff within 3 business days from the sale of high-priced goods, which are to be paid to the plaintiff within 3 business days from the sale, shall settle the investment principal and profits by the 10th day of the following month and shall continue to exist until the total amount of the investment principal and profits are settled; however, if either party fails to perform his contractual obligations, the contract
B. The Defendant did not pay the Plaintiff the investment principal and the profit agreed in the instant investment contract, except for the Plaintiff paid KRW 2,860,000 to the Plaintiff as the source of investment revenue around December 30, 2014, while running the clockal revenue business using the Plaintiff’s investment money.
On April 2015, the Plaintiff notified the Defendant of his intention to terminate the instant investment contract on the ground of the Defendant’s breach of contract.
C. The Plaintiff paid KRW 100,000 to the Defendant for investment in valuable goods as above, and deposited the remaining money excluding the amount to be immediately used for the purchase of goods as the investment amount after returning from the Defendant the money to the Defendant. While cancelling the instant investment contract, 36,400,000 won was exchanged into Korean won upon the termination of the instant investment contract.