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(영문) 광주지방법원 순천지원 2018.09.13 2018가단2107
약정금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from February 24, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 16, 2016, the Plaintiff and the Defendant: (a) invested KRW 100 million in the Defendant; (b) served in the Defendant Company from May 16, 2016 to May 15, 2017; and (c) concluded an investment contract with the effect that the Plaintiff will register the Plaintiff as a director (hereinafter “instant investment contract”).

B. Accordingly, the Plaintiff paid KRW 100 million to the Defendant as the investment deposit, and worked in the Defendant Company.

C. The Defendant did not register the Plaintiff as a director, and did not pay the Plaintiff benefits from November 2017, and was in fact suspended business at present.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 5, purport of whole pleadings

2. According to the above facts of recognition, the defendant did not perform the obligation stipulated in the investment contract of this case. For this reason, the plaintiff expressed his/her intent to cancel the investment contract of this case through the service of the application for change of cause of claim on July 5, 2018. Thus, the investment contract of this case was lawfully rescinded.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 100 million already paid to the Plaintiff and the amount calculated by applying the rate of 15% per annum from February 24, 2018 to the date of full payment, which is the day following the day when the original copy of the instant payment order was served, as the Plaintiff’s claim.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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