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(영문) 서울중앙지방법원 2014.06.10 2013가단27648
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff and the Defendants operated the screen game room with the same business, and invested KRW 110 million.

However, the husband of the Plaintiff, who was in the position of the Defendants, retired from the same business relationship, against the Plaintiff’s involvement in the operation of the game room.

B. Accordingly, the Defendants agreed to pay to the Plaintiff 1% interest per month on the said investment amount and KRW 90 million per month on the said investment amount and KRW 20 million per month on the said amount, and paid part of the interest and principal in accordance with the said agreement.

C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 65,399,00 which was not repaid out of the above agreed amount and damages for delay.

2. Determination

A. According to the evidence Nos. 1, 2, 3, 10, 1 and 2, the following facts can be acknowledged:

(1) Defendant B (F, the husband of the Plaintiff) operated a screen game room (hereinafter “instant game room”) from May 2004 in the name of the Plaintiff from May 2004, and closed its business on the grounds of the enemy, etc. around February 2005.

(2) The Plaintiff operated the instant game site as a partnership business, and invested KRW 110 million in total, including KRW 30 million on March 5, 2004, KRW 50 million on April 10, 2004, and KRW 30 million on April 10, 2004 (hereinafter “instant investment”).

(3) Meanwhile, in order to raise the instant investment fund, the Plaintiff determined KRW 90 million from G, a penalty father, as 1% per month, as interest rate, and borrowed KRW 20 million from H, 2% per month as interest rate.

(4) On May 10, 2004, Defendant C remitted to the Plaintiff under the name of LI the monthly interest of KRW 400,000 for KRW 20 million, and on June 10, 2004, KRW 1,400,000 for KRW 1,400,000,000 from the instant investment funds. The Plaintiff returned the said KRW 1,40,000 to the I deposit account on June 14, 2004.

(5) On May 11, 2004, Defendant B remitted 30 million won to the Plaintiff under the name of J on May 11, 2004, and Defendant E’s deposit account from Defendant E’s deposit account to the Plaintiff’s deposit account. Each of 5 million won on February 17, 2005 and March 11, 2005.

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