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1. The Defendant: (a) KRW 150,00,000 for the Plaintiff and 5% per annum from May 19, 2015 to June 9, 2015.
Reasons
1. Conclusion of the instant investment contract, payment of investment funds, etc.
A. On March 12, 2015, the Plaintiff and the Defendant concluded a contract under which the Plaintiff invested KRW 150,000,000 in the coffee store business that the Defendant was scheduled to sell and operate, and the Defendant shall pay the Plaintiff the agreed investment profits (hereinafter “instant investment contract”).
As the content of the instant investment contract, where the Plaintiff and the Defendant did not commence the instant coffee store business by April 30, 2015, the instant investment contract may be rescinded according to one party’s expression of intent, and the Defendant agreed to return the principal, etc. of the investment to the Plaintiff.
B. On the date of the instant investment contract, the Defendant paid the Plaintiff KRW 150,000,000 in total, including the intermediate payment of KRW 75,000,000,000, and the remainder of KRW 60,000 on the date of the instant investment contract.
C. By April 30, 2015, the Defendant did not commence the sales and business of the said coffee specialty store until April 30, 2015 agreed upon in the instant investment contract, and the Plaintiff notified the Defendant of his intent to cancel the instant investment contract on the grounds of the notification around May 11, 2015. The said notification reached the Defendant around that time.
[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1 to 3, purport of whole pleadings]
2. According to the above facts finding as to the cause of claim, the Defendant did not commence the business of coffee stores which the Defendant promised within the time limit stipulated in the instant investment contract, and the instant investment contract was lawfully rescinded as the Plaintiff expresses its intent to rescind the instant investment contract on the grounds of the grounds for grounds for such an agreement. As such, the Defendant is the Civil Act from May 18, 2015 to June 9, 2015, the following day after the date of filing a claim for return of the principal of investment received from the Plaintiff and the amount of KRW 150,000,000, which the Plaintiff sought from the Plaintiff.