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(영문) 전주지방법원남원지원 2016.08.11 2015가합1107
투자금반환
Text

1. The Defendant’s KRW 350,000,000 as well as 36% per annum from March 10, 2012 to April 1, 2014 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a company running the credit business, etc., and the Defendant is a company running the land aggregate extraction business. 2) On May 2, 2008, the Plaintiff, around May 2, 2008, set 200 million won to the representative director B as 3% per month interest.

3) However, as the Plaintiff and the Defendant did not repay the above loan, the Plaintiff and the Defendant, on November 9, 2009, shall treat the Plaintiff’s loan principal and interest on the Plaintiff’s loan amounting to KRW 300 million as investment funds for the tinsan Development Industry that the Defendant had run at the time, and shall pay the Plaintiff KRW 50 million as additional investment funds to the Defendant (hereinafter “instant investment agreement”).

The details of the agreement are as follows. The purpose of this agreement is to secure profits from the Plaintiff’s investment in the tinsan Development Project for the Defendant, which was permitted to collect stone in C and 7 parcels in the Namnam-si, Namnam-si, the Namnam-si, and to sell products (building stones, etc.) by investing business funds. The investment funds borne by the Defendant under Article 2 (Investment Deposits) shall be KRW 350 million. The profits from the investment funds invested by the Defendant under Article 5 (Investment Profits) shall be determined by the following methods: (i) If sales profits accrue from the products produced by using the investment principal, the amount of 50% from the amount excluding the mutual-aid funds shall be the Defendant’s investment proceeds:

2) If the investment income is not sufficiently secured, the defendant shall guarantee 3% of the investment principal to the plaintiff as a final investment return. Article 6 (Return of Investment principal) 1) The time when the investment principal is returned shall be within 2 months after the conclusion of this Agreement, and the defendant shall notify the plaintiff in writing of a written request to return the investment principal, and the time when the investment principal is returned shall be within 7 days after the defendant received written notice.

2. If the Defendant fails to return the invested principal to the Plaintiff even after seven days from receipt of written notice, the Plaintiff shall take legal measures to recover the invested principal against the Defendant.

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