약정금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Plaintiffs, the representative director of D Co., Ltd. (hereinafter “D”), concluded an investment agreement with E with the business entity, “(i) the terms and conditions of the agreement on the investment deposit” are six months or one year from the date on which the business entity receives the investment deposit, and (ii) the business entity pays to investors a dividend of 1% or 3% of the monthly amount of the investment deposit in comparison with the monthly amount of the investment deposit; and (iii) the business entity may not pay a redemption of the investment deposit upon the expiration of the terms and conditions of the agreement if the profitability of the invested business has considerably deteriorated.
The amount on the date of the Plaintiff’s investment agreement (unit: unit) is non-assigned from May 10, 2016 to July 8, 2016, the agreement was concluded four times from July 10, 2016 to July 623, 000,000; the agreement period of six months and one year; 2% per month from April 29, 2016 to August 24, 2016; 2% from April 29, 2016 to August 24, 2016; 7% of the agreement period of six months and one year; and 2% of the dividend payment.
B. From November 21, 201 to August 26, 2016, E was sentenced to imprisonment with labor for 12 years on February 3, 2017 (Seoul Central District Court 2016Da932), and was sentenced to imprisonment with labor for 15 years on September 13, 2017 at an appellate court under both appeals (Seoul High Court 2017No5955), and was sentenced to a judgment of dismissal of the final appeal on December 13, 2017 at a final appeal by a court of final appeal based on the following: (a) from 12,178 investors (the Seoul High Court 2017No595); (b) from 12,178 investors (the Seoul High Court 2017No595) to 12, 2017.
(Supreme Court Decision 2017Do16223). [Grounds for recognition] The fact that there is no dispute, each entry in Gap evidence 1 through 8 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The allegations by the parties are constantly soliciting investment in D by the Defendant, who had been working as a means of attracting investment under D’s contingent remuneration, to guarantee the principal of the investment to the Plaintiffs, without any limit between E and E.