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(영문) 서울중앙지방법원 2017.08.24 2017나7063
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

On November 2, 2015, the Plaintiff: (a) decided to invest KRW 200,00,000 in a mushroom operated by D, which was known by the Defendant’s introduction; and (b) signed an investment agreement with D as follows, as of November 2, 2015:

(hereinafter) The Plaintiff and D’s investment agreement is “this case’s investment agreement” and the investment agreement as set out below are “this case’s investment agreement”). 1. The Plaintiff invested KRW 200,000,000 to D, and the principal of the investment amount is guaranteed and paid by D.

2. A sum of KRW 4,00,000 per month from November 2, 2015 to January 1, 2016 shall be paid from 2,000,000 per month as the agreed amount of investment with respect to the said amount of investment, and thereafter payment of KRW 7,00,000 per month from January 2, 2016.

3.D redeems 50% or more of the above-mentioned investments as of January 1, 2016, two months later, and the due date for repayment of the remaining amounts shall be determined by mutual agreement.

4. D has the Plaintiff registered the establishment of a neighboring mortgage with the obligee as the obligee, on the security of the above investment amount, with the maximum debt amount of KRW 284,00,00 with respect to “H and 5 other than 1/2 of the co-owners’ shares (1/2 of the co-owners’ shares)” at the same time.

At the end of the instant investment agreement, the Defendant paid KRW 150,000 in total to D by transferring KRW 50,000 to a financial account under the Defendant’s name on November 2, 2015, KRW 50,000,000,000, in total, to the Plaintiff paid KRW 100,000,000 as principal of the investment and KRW 4,000,000 as investment and KRW 50,000 as investment, and KRW 4,00,000 as investment, and KRW 7,00,00 as investment under the instant agreement, respectively, at the time of default. On January 1, 2016, D paid to the Plaintiff the amount of KRW 10,00,00 as principal of the investment and KRW 50,00 as investment, and KRW 7,00,00 as investment under the instant agreement.

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