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(영문) 수원지방법원성남지원 2015.04.02 2014가합201649

약정금

Text

1. Defendant B’s KRW 282,80,000 as well as 5% per annum from April 1, 2007 to June 27, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On February 13, 2006, the Plaintiff heard the phrase “if the Plaintiff invests KRW 10,000,000,000 from Defendant B, who is the representative director of Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”), to pay the principal and allowances every 50 times every week,” and invested money in the Nonparty Company from July 13, 2006.

B. On February 24, 2006, the Plaintiff issued a cash custody certificate of KRW 200,000,000 from Nonparty Company and Defendant B, and KRW 220,000,000,000 on March 3, 2006, and KRW 20,000,000 on March 17, 2006, and KRW 20,000,000 on March 17, 2006, the Plaintiff issued a cash custody certificate of KRW 17:0,000 on each of the above money from Nonparty Company and Defendant B (hereinafter “each of the cash custody certificates of this case”). At the bottom of each of the cash custody certificates of this case, the signature and signature of joint and several surety C or signature of surety C is written.

C. On May 3, 2007, Defendant C conspired with the Seoul Central District Court Decision 2007Ma24, E, F, G, B, and H, which was a director or auditor of the non-party company, shall not obtain authorization or permission or make registration, and shall not make an act of receiving the investment amount by promising an unspecified and unspecified person to pay the total amount of future investment or an amount in excess thereof, and it shall not be an act of receiving the investment amount. However, on July 5, 2005, Defendant C, at the office located in the non-party company located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City Office of 307, 307, “in investing KRW 10,00,000,000 per week, the principal and allowances shall be paid every 40,500,000 won from the victim J, including an investment of KRW 10,00 from July 14, 206.

‘The regulation on the act of fund-raising without delay.'