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(영문) 서울고등법원 2019.02.13 2018나2028912

투자금 및 투자배당금 청구의 소

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1.In the judgment of the first instance,

A. As to Defendant B, the Plaintiff KRW 2,563,424,657 and KRW 1,00,000,000 among them.

Reasons

1. Basic facts

A. The Defendants, as married couple, are representative directors (Defendant B) and in-house directors (Defendants) of D (hereinafter “D”) that are companies operating franchises, distribution business (agricultural products, food materials, etc.).

The defendants also operate a mutual franchise business of "E".

B. On May 2, 2012, the Plaintiff issued to Defendant B a cashier’s check of KRW 100 million at a par value. On July 30, 2012, the Plaintiff issued a cashier’s check of KRW 50 million at a face value (in total, KRW 200 million).

C. The Plaintiff and Defendant B’s name written a written confirmation around February 2016 (No. 4-1, hereinafter “instant written confirmation”) with the following content.

The seal imprint of the defendant B is affixed to the end of the above certificate.

The parts drawn up in the correct letter shall be written in the above body.

The name of the investor (the other is the part in which it was made up at the dboard). The name of the investor: The name of the N building and the name of the applicant of the Nho Lake in Jung-gu Incheon: B address: The address of the applicant of the L Apartment in Daegu-gun, Mho, the borrower of the above subparagraph B must confirm that the investor will pay the investment principal, dividends, performance, and merit pay

1. The payment refer to the sum of the total sum (Won 4,000,000,000) including one hundred million won (Won 1,000,000,000) and one hundred billion won (Won 3,000,000,000), which an investor A has invested in the above B, shall be determined and paid in total (Won 4,00,000,000);

1. B shall pay the sum of KRW 1,000,000 (Won 1,000,000) on February 1, 2017.

on March 1, 2017, 2010 million won (Won 1,00,000,000) shall be paid.

on April 1, 2017, a sum of 100 million won (Won 1,00,000,000) shall be paid.

on May 1, 2017, payment of KRW 1,000,000 (Won 1,000,000) is made.

As above, B shall pay to investors A a total sum of KRW 4,00,000 (Won 4,000,000,000) in four installments.

In addition to the amount (including dividends) equivalent to the full amount (including dividends) of the UN at the time of default on payment within the agreed date, an additional penalty shall be paid.

Tax and public charges (income tax, national tax and local tax) incurred by the above money.