(영문) 창원지방법원통영지원 2015.05.28 2014가단14442

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(영문) 창원지방법원통영지원 2015.05.28 2014가단14442

약정금

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1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and 5% per annum from October 22, 2014 to May 28, 2015.

Reasons

1. Basic facts

A. On January 10, 1995, the Plaintiff entered into an investment contract with the Defendant to invest KRW 20,000 in the profit from the operation of a long-term fishing vessel C in the name of the Defendant (hereinafter “instant primary investment contract”) and remitted KRW 20,000 to the account in the name of the Defendant’s spouse.

B. On April 24, 1996, the Plaintiff entered into an investment contract with the Defendant to invest KRW 50,000 in the profit from the operation of the fireworks freezing E in the name of D (hereinafter “instant secondary investment contract”) and paid KRW 50,000 to the Defendant in cash.

C. The content of the instant secondary investment contract is as follows.

1. The determination of 50 million won for investments;

2.B (the plaintiff, hereinafter the same shall apply) paid the full amount of the investments under the preceding paragraph to Gap (the defendant, hereinafter the same shall apply) and Gap received these money without fail.

3. The period of the investment contract shall be from April 24, 1996 until April 199.

4.Profit dividends. A shall agree to pay B the share of one-half of the crew of the fishing vessel in question.

5.A shall pay 50,000 won of the investment amount received from B without delay upon the expiration of this contract period.

6. The points omitted in this Agreement shall be resolved in accordance with general contract practices.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is obligated to pay to the Plaintiff KRW 70,000,000 as total of KRW 81,000,000 based on the investment principal based on the instant 1 and 2 investment contract and dividends thereon.

B. (1) The Plaintiff and the Defendant agreed not to return the investment principal itself while concluding the instant 1 and 2 investment contract.

(2) On November 17, 2011, the Plaintiff, upon receiving the last amount of KRW 5 million from the Defendant, exempted all of the remainder of the obligations under the instant first and second investments contract. Accordingly, the Defendant applied for the bankruptcy around 2013.

유사 판례

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