투자금반환
1. Of the judgment of the court of first instance, the part against the plaintiff, which ordered payment below, shall be revoked.
The defendant.
1. The following facts for the determination of the cause of the claim may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 6 (including serial numbers) and the whole purport of the pleadings.
On April 27, 2014, the Plaintiff entered into a contract with the Defendant, who is the representative director of C Co., Ltd. (hereinafter “instant contract”).
The plaintiff (hereinafter referred to as "A") and the defendant C (hereinafter referred to as "B") shall conclude an investment contract under the following conditions:
Section 1 (Purpose of this Agreement) The purpose of this Agreement is to determine the specific contents and necessary matters in accordance with the investment in the projects of Section B, and to clarify the rights and obligations between Section A and B.
Article 2 (Payment of Investment Funds) A shall pay investment funds to B as follows:
1. Investment amount: 100,000 won;
2. Time of payment: On April 28, 2014, Article 3 (Acceptance of New Stocks) (1) B shall allocate to A the shares of 10% of the issue price of the company established in return for the investment of A.
(2) Allocation of new stocks pursuant to paragraph (1) shall be made within ten days from the date on which the total amount invested by A is fully paid.
(3) Eul shall implement the procedures and procedures for issuance of all new stocks necessary for Gap to underwrite them under the responsibility of Gap, and if necessary, Eul shall modify the provisions concerning the management of the company, such as articles of incorporation and internal rules, reflecting the contents of this contract and the facts thereof, and shall register without delay the matters requiring registration.
(4) Eul shall issue and deliver share certificates to Gap within 10 days from the date on which such shares are allocated.
However, in cases where Party A and Party B do not issue share certificates after consultation, it may be substituted by a share certificate.
(b) section 6 (Transfer of Profits) ① 10% of the net profit after the settlement of accounts at the end of each month due to the management of B shall be distributed to A.
(b) profits;