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(영문) 서울중앙지방법원 2014.11.07 2013가합41177

약정금

Text

1. Defendant Korea Overseas Corporation, Inc., Ltd., 313,721,750 won and its related amount from November 17, 2007 to November 2014.

Reasons

1. Basic facts

A. The Plaintiff planned the U.S. immigration, and visited the Korea Overseas Corporation (hereinafter referred to as the “Defendant Company”) that operates the overseas emigration brokerage business, and explained to the effect that the Defendant Company, around January 2004, upon receipt of a visa issued to the Plaintiff, may enter the U.S. within two to three months, and introduced Defendant B to the Plaintiff, and that if Defendant B invested 250,000 U.S. investment in C, a corporate subsidiary, the representative director of the U.S., (hereinafter referred to as “C”), he may promptly receive E-2 visa.

B. On January 29, 2004, the Plaintiff entered into an agreement with the Defendant Company on 250,000 U.S. E-2 with respect to USD 250,000 that the Plaintiff invested in C for the purpose of acquiring visa, and C shall reimburse the Plaintiff with USD 250,000 within three months after the expiration of the investment period. If the Plaintiff is unable to repay the investment amount due to C’s circumstances, the Defendant Company, on behalf of C, intended to repay the investment amount of USD 250,00 to the Plaintiff within three months after the expiration of the investment period (hereinafter “instant agreement”).

C. Accordingly, the Plaintiff deposited KRW 132,64,750 on January 16, 2004, KRW 150,000 on January 29, 2004, KRW 132,64,750 on February 5, 2004, and KRW 92,34,00 on April 1, 2004 to the account in the name of the Defendant company.

Section 1. (Purpose of this Agreement) The purpose of this Agreement is to invest 250,000 (250,000) and 80,000 (80,000) in C for the acquisition of non-party E-2.

Article 3 (Investment Period) The investment period shall be three years from the date following the date of acquisition of the visa in the case of the first investment amount of 250,000,000, and shall be one year from the date following the date of acquisition of the visa in the case of the second investment amount of 80,000.

Article 4(E-2 Failure to Obtain Bai and Rescission of Contract) E-2 B-2, this contract shall be automatically rescinded, and C shall pay 30,000 investment money to the Plaintiff within three months.

Article 5 (Distribution and Redemption of Dividends on Investment Money) C shall be the primary investment money 250.