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(영문) 서울서부지방법원 2016.05.19 2015가단232135

투자금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant was established on February 7, 2014 as a corporation whose main business is to attract tourists who want to experience Korean popular music and culture and to create profits.

B. On March 21, 2014, when the Plaintiff invested KRW 50 million to the Defendant, the Plaintiff entered into a fund investment agreement with the Defendant that allows the Plaintiff to pay the Plaintiff in cash (one thousand won per day of the number of foreign applicants for the K-PO foreign education) by 10th of the following month, and then settle and settle the accounts by dividing the first half of the year (one to six months), the second half of the year ( July to December) into two times, and the profits equivalent to 24.5% of the net income generated from the sales by the number of K-POP education students in January of the following year. The Defendant shall share the income to the number of foreign applicants for the education each month, and the Plaintiff shall make a verbal or written report on the quarterly operating income (hereinafter “instant investment agreement”). At that time, the Plaintiff paid KRW 50 million to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (Provided, That the part rejected later is excluded), the purport of the whole pleadings

2. The plaintiff's assertion and judgment are as follows. C, the representative director of the defendant, made payment once a year of profit equivalent to 24.5% of the net income generated by sales, which is recruited by 200 Chinese celeblings. The number of foreign celeblings are calculated by 10,000 won per person, and paid in cash by the 10th of the following month by 10th of the following month. It is too close to the other person's receipt of investment. It is too close to promptly. The plaintiff entered into the investment contract of this case with the defendant. The plaintiff entered into the investment contract of this case with the defendant, and therefore, the defendant asserts that C, the defendant is obligated to return the above investment amount to the plaintiff 50 million won, but the statement under subparagraph 1 of this case's certificate is sufficient to mislead the defendant.