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Reasons
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(영문) 서울중앙지방법원 2014.01.09 2013가합34483
투자약정금및대여금
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1. The Plaintiff:

A. Defendant C shall pay a full amount of KRW 142,493,150 and KRW 100,000 among them, starting from April 16, 2013.

Reasons

1. Basic facts

A. Defendant C is a person who runs a closed vinyl finite business (hereinafter “instant business”) under the trade name “E (F)” in Hongcheon-gun D, Gangwon-do. Defendant C is a father of Defendant C, and Defendant C is a joint name of the above E business registration.

B. On August 19, 2010, the Plaintiff entered into an investment agreement with Defendant C with the following content: (a) the Plaintiff invested KRW 100,000,000 to Defendant C (hereinafter “instant investment agreement”).

Article 1 (Purpose) The purpose of this Agreement is to provide for the conditions under which the Plaintiff makes an investment in connection with the business of Defendant C, and that Defendant C shall pay the return of investment as provided for in this Agreement to the Plaintiff, and to ensure that it is performed in accordance with the principle

Article 2 (Definitions)

1. The term "business" means a business of plastic vinyl liquefied system YL-18-type solvents (4TON) operated by Defendant C in Hongcheon-gun G, Gangwon-do, and a business operated by Defendant C by expanding facilities to YL-20-type solvents (6TON) with the Plaintiff's investment in funds;

2. The term “business profits” means the money that the Plaintiff has invested in the agreed money for the business of Defendant C, and that Defendant C shall pay to Defendant C a certain amount of money for the Plaintiff’s investment funds in return for investment;

Article 3 (Investment Funds)

1. Under this contract, the Plaintiff shall invest KRW 100,000,000 in cash, and shall pay in full at each stage as follows 2.

2. 1) Payment of 20,000,000 won will be made when the contract becomes effective after the delivery of the facility. 2) Payment will be made at the time of delivery of the facility.

3) pay 5,00,000 won after the establishment and completion of driving. Article 4 (Investment Return)

1. Defendant C shall pay KRW 20,000,000 per month to the Plaintiff with the Plaintiff’s profits from the Plaintiff’s investment.

2. Return on investment shall take effect from the day following the lapse of 90 days after the contract.

3. The time of payment shall be one month counting from the day following the 90th day after the contract.

Defendant C.

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