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(영문) 수원지방법원안산지원 2016.12.08 2016가합490

약정 투자금

Text

1. The Defendant: (a) KRW 87,932,00 for Plaintiff A; (b) KRW 50,908,00 for Plaintiff B; (c) KRW 46,280,00 for Plaintiff C; and (d) KRW 10,413 for Plaintiff D.

Reasons

Basic Facts

The Plaintiffs came to know with the introduction of Nonparty H that the Defendant, working for Nonparty I Co., Ltd. (J, hereinafter “I”), recruited investors.

The Plaintiffs explained through H that “The Plaintiffs are investing in K (hereinafter “K”) and the principal is guaranteed when they make an investment, and 30% of the profits therefrom are paid, and K’s real estate, etc. is provided as security for the investment amount.”

Accordingly, the Plaintiffs transferred each money indicated as “the current status of remittance by Plaintiff” to the account of Nonparty L (I).

Plaintiff

The date (2013) the date (2013) the agreement on the current status of remittance by the plaintiff is prepared, (the purchase price x 130 per cent) the proceeds from the agreement for the purchase of shares (the purchase price x 130%)

1. A;

30.67,640,000

7.67,640,000 87,932,00

2. B

1. 31. 19,580,0039,160,000 50,908,000

4. 19,580,000

3. C

31. 35,600,000 35,600,000 46,280,000;

4. D;

5. 8,010,000

7. 8,010,000 10,413,000

5. E.

6,052,000

7.6,052,00 7,867,600

6. F;

2.1. 2,670,000 2,670,670,000 3,471,000 votes are prepared with the Defendant after the transfer. The above agreement states that the Defendant shall pay to the Plaintiffs the amount of money (which is expressed as “stock purchase price”) that the Plaintiffs remitted to the Plaintiffs and 30% profits therefrom.

The purchase price of shares and agreed profits for each plaintiff as stated in the written agreement shall be as stated in the said table.

[Ground of recognition] The plaintiffs asserted that Gap's evidence Nos. 1 through 3 (including the number of branch numbers; hereinafter the same shall apply) and the purport of the whole arguments and arguments between the parties to the dispute entered into an investment agreement with the defendant to receive 30% of the principal and its profits on December 31, 2014, such as the above statement. The amount remitted by the plaintiffs is the investment amount.

Therefore, the defendant shall pay to the plaintiffs each amount of money stated in the "agreement earnings" as stated in the above table.