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(영문) 부산지방법원 2019.11.13 2019나42839
투자금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On February 17, 2015, the Plaintiff entered into an investment agreement with the Defendant with the following content (hereinafter “instant agreement”), and paid KRW 50 million to the Defendant on the same day.

1. The investment funds to Gap (the plaintiff in this case) (the plaintiff in this case) are 50 million won (50,000,000 won).

2. A shall be paid a million won (5,000,000 won) from the date on which he receives investment returns and the full amount of investment proceeds is paid to B, and a new million won (6,000,000 won) shall be paid within two years from the date on which he receives the full amount of investment proceeds.

3. The repayment of an investment million won (5,000,000 won) shall be made in the amount of ten million won (10,000,000 won) out of the investment amount and the remaining ten million won (40,000,000 won) out of the investment amount when such an investment amount is paid.

5. A, if any of the above 2 and 3 are not fulfilled, shall lose the benefit of time, and B may claim damages for delay at the rate of 10% per annum for the full amount of the investment and the full amount of the investment.

B. On February 17, 2016, the Defendant paid KRW 15 million to the Plaintiff pursuant to the foregoing agreement, but paid KRW 46 million, which was to be paid on February 17, 2017 (i.e., KRW 6 million (i., KRW 40 million in the principal of investment), out of KRW 3 million on February 28, 2017; KRW 3 million on March 2, 2017; and KRW 10 million on March 3, 2017.

C. On April 7, 2017, the Plaintiff and the Defendant concluded an agreement on KRW 30 million with respect to the investment principal to be returned to the Plaintiff as follows:

(hereinafter “instant 2 Agreement”). 1. A (the Defendant of the instant case) completely pays 30 million won to the Plaintiff (the Plaintiff of the instant case) by April 28, 2017, among the investments made by the Plaintiff of the instant case.

2. If Party A fails to comply with the foregoing paragraph 1. A shall pay damages for delay at the rate of 10% per annum from April 19, 2017 to the date of full payment.

The Defendant paid KRW 20 million on April 26, 2017, out of the agreed amount of KRW 30 million under the instant arrangement, but did not pay the remainder KRW 10 million.

(e).

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