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(영문) 대구지방법원 2021.01.22 2019가합209295
투자금 반환 등 청구의 소
Text

The defendant shall pay to the plaintiff KRW 30,473,96 as well as 5% per annum from October 16, 2020 to January 22, 2021.

Reasons

1. Basic facts

A. On March 2018, the Plaintiff and the Defendant drafted the “Fund Investment Contract” with the following content.

Article 1 (Purpose) The purpose of this Agreement is to contribute to the Defendant’s business activities and to regulate the contents related to the Plaintiff’s investment in funds and the collection of funds.

Article 2 (Investment Money) The amount invested by the Plaintiff to the Defendant under this Agreement shall be fifty thousand won.

Article 6 (Settlement of Disputes)

2. Upon occurrence of a dispute, the defendant guarantees the principal of the plaintiff within 15 days.

B. On June 15, 2018, the Plaintiff and the Defendant drafted “Fund Investment Contract” with the following content.

Article 1 (Purpose) The purpose of this Agreement is to contribute to the Defendant’s business activities and to regulate the contents related to the Plaintiff’s investment in funds and the collection of funds.

Article 2 (Investment Money) The amount invested by the Plaintiff to the Defendant under this Agreement shall be KRW 100,000,000.

Article 3 (Method of Distribution) The principal of the investment under Article 2 shall be deposited into the account after notifying the plaintiff when the defendant needs.

In addition to the principal of the investment under paragraph (1), KRW 10,000,000 per month shall be deposited on the 16th of each month.

Article 5 (Loss of Time Limit) Where the defendant delays the method of distributing dividends under Article 3 for at least seven days, the plaintiff may immediately lose the benefit of time and claim for full repayment of the remaining amount of investment.

The provisions of paragraph (1) shall also apply where the defendant has continuously failed to pay the investment dividends under Article 3 for one month, or violates Article 4.

Article 6 (Settlement of Disputes)

2. Upon occurrence of a dispute, the defendant guarantees the principal of the plaintiff within 15 days.

Article 7 (Matters of Special Agreement) In addition to the general matters of the above special agreement, the following matters shall be prescribed as the special agreement, and if there is any conflict between the general matters and the special agreement, the special agreement shall be applied preferentially

At the time of delinquency in the amount of dividends, dividends and investments shall be settled together from the dividend date, and 24% interest at the time of failure to settle the amount of dividends shall accrue.

3. Business;

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