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(영문) 수원지방법원평택지원 2016.05.26 2015가합2029

투자금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff (hereinafter referred to as “A”) and D (hereinafter referred to as “B”) shall enter into the following contracts with respect to a project for raising funds for the establishment of an investment company in a basic fact contract based on mutual trust:

Article 1 Section A shall pay the progress expenses to Section B, and shall have Section B carry out the fund raising project affairs for a year and one month.

Article 2 Project Details

1. Expenses for proceeding: 350,000,000 won;

2. Method of Receiving created funds: The term of validity of the contract under Article III for each share of the funds agreed upon shall be from the execution date of the contract until the completion date of the project.

Article 5 Payment of Funds

1.B shall pay Gap total amount of KRW 8,000,000,000 created due to the nature and history of this project in 40 installments during the contract period.

2. A shall bear taxes on funds paid to A.

Article 6 Obligations B shall immediately refund the full amount of the progress expenses to A, if it is not possible to distribute the first distribution amount to A within 90 days from the date of the contract.

The contract shall be in force from the date of the contract, and shall be prepared four copies of the contract for the evidence of this contract, and shall be kept in one copy, each of Gap, Eul, guarantor, and guarantor.

On April 15, 2009: Plaintiff (sealed): D (Signature) guarantor1: Defendant B (Signature) guarantor2: Defendant C (Signature)

A. On April 15, 2009, the Plaintiff received a request from Nonparty D for investment in “project for raising funds for the establishment of an investment company” and invested KRW 350,00,000 to D. In this regard, the Plaintiff, D, and the Defendants drafted a written contract (hereinafter “instant contract”) with the following contents on April 15, 2009.

B. On the same day, the Plaintiff paid KRW 350,000,000 to D pursuant to the above contract, and D did not distribute the first distribution amount to D even after the lapse of 90 days from the contract date.

C. The Plaintiff is claiming to return the full amount of the investment to D.