(영문) 청주지방법원영동지원 2019.09.04 2018가합80

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(영문) 청주지방법원영동지원 2019.09.04 2018가합80

대여금

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1. Defendant B Co., Ltd.: 300,000,000 won and 6% per annum from June 1, 2017 to January 29, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in the manufacturing of industrial machinery automation system, etc., and Defendant C is an internal director of the Defendant Company.

B. On November 30, 2015, the Plaintiff wired KRW 300,000,000 to the deposit account in the name of the representative director of the Defendant Company, and D wired KRW 240,000 to the account in the name of the Defendant C on the same day.

C. The Plaintiff and the Defendant Company, after the transfer of funds as described in the foregoing sub-paragraph (b), drafted a “fund investment agreement” containing the following content, with the date of preparation as “the date of November 30, 2015.”

The contract of this case is "the contract of this case" and the contract of this case is "the contract of this case" under the contract of this case.

(1) Article 1(1) of the Fund Investment Contract (Purpose of this Agreement) aims to provide “A” with support for the business activities of “B” (Defendant Company) for the investment of funds and to regulate the details relating to the collection of funds. The amount invested by “B” under this Agreement is set forth in Article 2(Investment Money) as “B” (300,000,000) in a daily amount of money.

1. The principal of the investment provided for in Article 2 shall be repaid in cash to the account “A” in May 2017.

2. Separate from the investment principal referred to in paragraph (1), the investment revenue shall be deposited in the account of “A” in cash by the following methods:

1) The first repayment: The amount of 30 million won per month (30,000,000) - the second repayment from May 2, 2016 to April 2, 2017: the daily payment (10,000,000) per month - the date of May 2017 to April 3, 2018 shall be the end of the relevant month. 3. No interest interest related to the investment money shall accrue separately, and shall be substituted by the investment commission under paragraph (2).

1. Where “B” delays the date of repayment of the investment principal under Article 3 for at least 20 days, he/she may immediately lose the due interest and claim “A” for the full repayment of the remaining amount of investment;

2. “B” shall continue to make two quarters of the returns on investment under Article 3.

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