(영문) 서울중앙지방법원 2019.05.22 2018가합520507

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(영문) 서울중앙지방법원 2019.05.22 2018가합520507

청구이의

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 9, 2006, when the defendant invested in the plaintiffs' business, the plaintiffs and the defendant paid 2% interest and 70% investment profits per month to the defendant, and settled the profits of the month as of the end of each month, and notified the defendant in writing once every two weeks to the defendant. The investment period shall be three months from the execution date of the contract, but the period may be extended by declaration of intention to the other party ten days before the expiration of the contract (hereinafter "the investment contract of this case").

B. The Defendant paid to the Plaintiff A the amount of KRW 50 million on May 9, 2006, and KRW 150 million on August 4, 2006, respectively, with the investment money under the instant investment contract.

C. On August 18, 2006, the Plaintiffs and the Defendant reduced the Defendant’s investment profits to 60%, and instead guaranteed the Defendant a minimum of 462.5 million won, and revised the instant investment contract to pay the Defendant the said minimum investment profits by October 31, 2006, and agreed to maintain the remainder of the contract as it is.

On September 30, 2006, the Defendant notified the Plaintiffs of the intent not to extend the period of the instant investment contract on the grounds that the Plaintiffs paid interest on the investment amount only until September 30, 2006, and only paid KRW 60 million out of the minimum investment income, but did not perform the obligation to notify the settlement of accounts and the details of the project under the instant investment contract.

E. The defendant filed a lawsuit against the plaintiffs against the Seoul Central District Court 2008Gahap91987, seeking payment of KRW 82,500,000,000,000 including the sum of the investment amount of KRW 400,000,000 under the investment contract of this case and the amount of KRW 42,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won for each of the plaintiffs and KRW 82,52,50,000 from October 1, 207 to the date of full payment.

유사 판례

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-서울중앙지방법원 2014.09.25 2014가합9545

-부산지방법원동부지원 2015.02.06 2014가합101360