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(영문) 수원지방법원성남지원 2016.02.02 2015가단212304
약정금
Text

1. The Defendant’s KRW 103,426,092 and the aforementioned money to the Plaintiff:

A. From May 23, 2015, for KRW 30,000,000, 65,000.

Reasons

1. Basic facts

A. On May 1, 2015, the Defendant agreed with the Plaintiff on May 1, 2015, and returned to the Plaintiff the investment amount of KRW 95 million paid by the Plaintiff under the previous contract, which shall be divided into three times and paid KRW 30 million until May 22, 2015, KRW 35 million until June 10, 2015, and KRW 30 million until July 10, 2015, and agreed that if the Plaintiff fails to implement the agreement, the Plaintiff may be able to pay interest on the remaining amount by up to 18 percent per annum (hereinafter “instant agreement on the return of the investment amount”).

B. At the time of the instant agreement on the return of the investment amount, the Defendant: (a) deemed the said investment amount as an investment amount to the stores “C” located within the Hyundai Department Store B, which the Defendant had operated until the said investment amount was returned to the Plaintiff; and (b) concluded an agreement on March 10, 2015 to return all remaining investment amounts and all remaining profits by the following day to the Plaintiff (hereinafter “instant agreement on the payment of the investment amount”); and (c) on July 10, 2015, the proceeds of March 10 and April 10, 2015, respectively; (d) however, as the Defendant paid the said investment amount to the Plaintiff in installments, the profits from the remaining principal shall be separately settled and paid 2/3 of the profits from June 2015 and 1/3 of the profits from July 2015, 205, respectively; and (e) if the Defendant did not comply with such agreement, the Defendant agreed to return all remaining investments and profits from the following day to the Plaintiff.

C. Meanwhile, the net operating income of the sales center at “C” is KRW 3,056,720 for March 2015, KRW 250,49 for April 2015, KRW 3,435,074 for May 3, 2015, KRW 1,717,715 for June 1, 2015, and KRW 1,615,969 for July 2015.

However, the Defendant did not return the investment money to the Plaintiff in accordance with each of the instant agreements, and did not pay the profit accrued from March 2015 to the said “C” store.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1, fact-finding results on Hyundai department stores Co., Ltd., and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

(a) claim for return of the investment amount;

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