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(영문) 수원지방법원 2015.05.21 2014가합63400
약정금
Text

1. The defendant shall pay 325,00,000 won to the plaintiff and 20% per annum from February 5, 2014 to the day of complete payment.

Reasons

1. The judgment on the cause of the claim was made by the Defendant around February 2, 201, through C, to return twice the investment amount to the Plaintiff by September 1, 201 if it was invested in the D University scheduled to be established in Jincheon, through the Plaintiff, by September 1, 201. The Plaintiff agreed that the Plaintiff would return twice the investment amount to the Defendant’s East E account until September 1, 201. The Plaintiff received from the Defendant’s East E account on March 11, 2011, including KRW 50,000,000 on March 21, 201, and KRW 190,000,000 on March 23, 2011, and KRW 90,000,000 from the Plaintiff’s entire pleadings, or the Plaintiff received from the said Defendant’s East E account and appropriated only the principal amount to the Plaintiff.

In this regard, the defendant asserts that the plaintiff did not make an investment in the D College Establishment Committee and that there was no agreement that the plaintiff should return the total amount of the profit up to two times, even if there is a small statement that the return of the investment principal will be guaranteed.

However, the above evidence, Gap evidence, Eul evidence Nos. 7, Eul evidence Nos. 4, and 5, which can be known by adding the whole purport of the pleadings to the above statements, i.e., the defendant received the plaintiff's investment money to Dong Jae's account, and used part of them to pay the defendant's own debt, and the defendant alleged that he paid 5,00,000 won to the plaintiff at his own expense, but the defendant argued that he paid 5,00,000 won to the plaintiff at his own expense. However, the defendant's confirmation document (Evidence No. 7) prepared by the plaintiff around January 18, 2012 that the defendant assumes the time when the defendant is the defendant's obligation to return the above investment money to the plaintiff, and further, the above confirmation document is not acceptable, considering the fact that the defendant specified the amount to be returned to the defendant as the principal amount of KRW 190,00,000 as well as interest of KRW

Therefore, the Defendant’s remaining amount of KRW 325,00,000 under the above investment agreement (i.e., investment KRW 190,000 x 2 - the term refund of KRW 55,000,000) and the Plaintiff’s claim therefor.

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