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(영문) 제주지방법원 2017.11.29 2017나11070
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments as to whether to reduce the damages for delay by examining the allegations added or emphasized by the Defendants in this court and ex officio. Thus, this is accepted by the main sentence of Article 420 of the Civil Procedure Act

2. Additional determination

A. (1) Whether the principal invested principal exists or not. It was seen earlier that the Defendants transferred the right to operate the Youth Training Center, which the Defendants intended to attract and operate the Plaintiff’s investment funds, to another person. Therefore, it is reasonable to deem that the instant contract was virtually impossible to implement the said right. In this regard, the Defendants asserted that the Defendants concluded the instant contract on the premise that “the Plaintiff would have concluded the instant contract on the premise that it was impossible to repay the principal invested in addition to the profits, since the Plaintiff was expected to recover the profits exceeding the principal invested within a short period and entered into the instant contract. In addition, the Defendants asserted that “The Defendants are obligated to return the principal invested to the Plaintiff only if they delayed the payment, even if there was the actual profits arising from the operation of the Youth Training Center pursuant to Article 6(1) of the Financial Investment Contract.” However, in full view of the evidence, including the evidence mentioned above, as well as the entire purport of oral arguments, as well as the following circumstances revealed,

(1) In ordinary investment contracts, there may be cases where the principal of investment is not repaid separately on condition that a high yield is guaranteed, as alleged by the Defendants. However, there are many cases where the return of the principal of investment is guaranteed when the actual yield is low or the possibility of expected return is unclear.

Therefore, the provisions on waiver of the investment principal are stipulated in the investment contract, etc. or are stipulated in all circumstances.

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