투자금지급 등
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Basic Facts
A. (1) On February 21, 2014, an investment agreement was prepared between the Plaintiff and the Defendant with the following content (hereinafter “instant investment agreement”).
3) The purpose of this Convention is to provide for the Defendant’s overseas plant business, etc. (hereinafter “business”).
The purpose is to invest funds in order to support and to provide related details. The defendant shall pay at least 20% of the invested principal within 18 months after the conclusion of this contract, and shall distribute at least 20% of the invested principal each year thereafter. In the event that the defendant fails to perform his/her obligation to distribute dividends, C in charge of the management of the defendant and the defendant shall jointly and severally pay to the plaintiff the investment principal and the unpaid dividends. The plaintiff shall accept 5% of the shares of the defendant and deposit KRW 100 million in cash to C on February 21, 2014, the plaintiff paid KRW 100 million to the defendant on February 21, 2014, and C shall confirm that the above investment principal was received KRW 100 million on February 21, 2014."
B. 1) On April 17, 2014, a written investment agreement was signed between the Plaintiff and the Defendant with the following content (hereinafter “instant 2 investment agreement”).
The purpose of this Convention is to invest funds in order to support the Defendant’s overseas plant business, etc., and provide related details. The Defendant, within 18 months after the conclusion of this Convention, shall repay the amount invested by the Plaintiff, and shall additionally pay KRW 100 million with interest and dividends. If the Defendant fails to repay the principal, interest and dividends, C in charge of the management of the Defendant and the Defendant shall jointly and severally pay the Plaintiff the investment principal, interest and unpaid dividends. The Plaintiff shall deposit KRW 100 million with the Defendant’s passbook on April 17, 2014 on the date of signing the investment agreement.