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(영문) 서울서부지방법원 2017.06.15 2015가합35096

대여금

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 613,349,879 and the amount among them

1.(a)

300,000,000 won on June 23, 2015

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs book-type wholesale and retail business, and the Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company that manufactures and sells books.

B. Around December 2012, the Plaintiff entered into an investment agreement with Defendant C, managing an individual business entity, which is the Defendant Company, Defendant B, the representative director of the Defendant Company, and the sales agent of the Defendant Company, with the content as follows.

(hereinafter referred to as the “instant agreement”). Article 1 (Investment Obligations) of the Investment Agreement provides that the Plaintiff shall lend to the Defendants the KRW 300,000 (30,000,000) of the operating capital necessary for D management.

Article 3 (Distribution of Profits) (State)(D) For the following goods published and sold in D, a national sale price (2,500 won per sales quality from January 1 to December 31 of each year for 200 million won / KRW 100 million per sales quality sold by the Plaintiff) shall be paid to the Plaintiff.

- The Defendants and the Plaintiff are jointly and severally liable for KRW 300 million to the Plaintiff, even in the event that the Defendants incurred losses due to the management of the pertinent business, as well as D) E/F/G/H (preted to be released on or before March 30, 2013). Profits pertaining to Article 5 (Date of Distribution of Profits) 200 million won shall be paid to the Plaintiff by January 30 of the following year, and the Defendants shall pay to the Plaintiff the profits equivalent to KRW 100 million by January 30 of the following year. The Defendants shall pay to the Plaintiff the profits equivalent to KRW 60 million. The Defendants shall pay to the Plaintiff interest at KRW 36% of the United Nations 36% interest at the time when they are unable to make payment on the date of distribution of the said profits, or on the date of return of the investment amount due to the expiration of the contract term under Article 8.