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(영문) 부산지방법원 동부지원 2021.03.25 2020가단202168
대여금
Text

1. The Defendant’s KRW 59,021,825 and KRW 11,60,00 among the Plaintiff and the Plaintiff’s KRW 47,421,825 from May 1, 2019 to KRW 47,421,825.

Reasons

1. Facts of recognition;

A. On June 14, 2018, the Plaintiff transferred KRW 25,000,00 to the Defendant’s account. On June 15, 2018, the Plaintiff drafted the “Fund Investment Contract” with the Defendant as follows.

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 twenty-five thousand won.

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), 1250,000 won per month shall be deposited on 17th day of each month.

Article 5 (Loss of Time Limit) Where the defendant delays the method of distributing dividends under Article 3 for at least 20 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 consecutively failed to pay the investment dividends under Article 3 for two consecutive months, 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.

B. On October 15, 2018, the Plaintiff remitted total of KRW 35,000,000 to the Defendant’s account, including KRW 15,000,000 on March 19, 2019, and KRW 35,00,000 on April 3, 2019.

(c)

With respect to earthquake-proof design projects, the Plaintiff remitted total of KRW 11,600,000 to the Defendant’s account on December 12, 2018, KRW 2,500,000 on December 18, 2018, KRW 18,500 on January 4, 2019, KRW 50,000 on January 7, 2019, KRW 50,000 on January 7, 2019, and KRW 11,60,000 on February 19, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6 (including various numbers if there are several numbers), and the purport of the whole pleadings

2. Determination as to the main claim (a claim under the agreement to return the principal of the investment deposit)

A. The Plaintiff’s assertion that when investing in gold-related business from the Defendant, the Plaintiff would give 5% interest every month, and on June 2018.

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