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(영문) 대전지방법원 2016.06.09 2015가단23151
투자금반환 등
Text

1. The Defendant’s KRW 108,200,000 as well as 20% per annum from July 10, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 14, 2013, the Plaintiff entered into an investment contract under the following (hereinafter “instant contract”) with the store, which serves as the basis for calculating profits with the Defendant, as the “C” located within the Daejeon gallonian department food store, and paid the Defendant an investment amount of KRW 100 million in accordance with the said contract:

(A) Under the contract, the term "A" and "B" refer respectively to the plaintiff. Article 2 / [the right of "B"] "B" have the authority to make an investment in "A" and to obtain profits therefrom through this contract.

The revenue of “B” shall be calculated in accordance with the criteria prescribed in the [Investment and Profit Agreements] attached to this Agreement.

Article 5 [Contract Period] (1) The contract period shall be one year from the date of payment of the balance, and shall be automatically renewed every one year unless there is any change in the contract period.

Article 6 [Cancellation and Termination of the Contract, Return of Investment Money] (1) Where this contract is terminated due to a cause attributable to “B”, “A” shall not refund the investment money (including a security deposit) of “B”, and where this contract is terminated due to a cause attributable to “A”, “A” shall refund the remainder of the investment money other than the operating subsidy.

【Investment and Profit Agreements】

1.The investment funds of "B" under this Agreement shall be as follows:

Total amount: Down payment day of KRW 10 million per day (including KRW 30 million per day: March 14, 2013: The payment day of KRW 10 million per day: April 8, 2013: April 22, 2013: The payment day of KRW 10 million per day: April 22, 2013.

2. The calculation scheme for the calculation of the earnings and the calculation scheme for the 1st payment of the earnings shall be calculated on the basis of the profits from investment of “A” and “B” on the basis of the profits from the store in the river basin.

“Revenue from the store” means a fee of 30%, personnel expenses, expenses for the use of food materials, various taxes related to the operation of the store, management expenses, and other operating expenses, etc. from the total sales of the above store, and “A” means the revenue from the store as “A”.

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