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(영문) 서울중앙지방법원 2017.12.21 2017가합526089

투자금반환 청구의 소

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1. The Defendants jointly share the amount of KRW 500,00,000 to Plaintiff A, and KRW 100,000,000 to Plaintiff B, and each of the said amounts, on October 2015.

Reasons

1. Basic facts

A. Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) is a company with the purpose of software development, consultation, supply business, etc., and Defendant D is a shareholder with 5,000 shares out of 20,000 shares issued by Defendant Co., Ltd.

B. Around September 2015, Defendant D introduced Plaintiff E Company E, Inc., U.S., and proposed to make an investment therein. Plaintiff A and F, who received it, decided to make an investment in E, and had Plaintiff A and F, the branch, pay KRW 50 million to Plaintiff A and F, the G account in the name of the Defendant Company (hereinafter “instant account”).

E’s representative is H.

C. On October 6, 2015, Plaintiff B and Defendant D drafted the instant contract for the acquisition of equity investment (hereinafter “instant contract”) (hereinafter “instant contract”).

The signature and seal of the parties to the instant contract was “A” and the representative director I and “A” of the Defendant Company and the Plaintiff A and F affixed their respective seals (F signed) to Defendant D and B.

The main contents of the instant contract are as follows:

Article 1 (Explanations of Stocks Accepted by E and A) Investment Conditions - Stock Form / Subscription Shares Ratio: Priority Shares / dilution 10% (Terms of Contracts)

1. A wishes to transfer 5% of the investment shares in E as specified in Article 1 above to B in the amount of KRW 600,000 (in the amount of US$500,000) and recognizes that all rights, including the substantial ownership of these 5% shares, to B.

2. The name of 5% shares B acquired shall be maintained in the name of A not later than December 31, 2016, taking into account the investment conditions specified in Article 1 above, and upon request by B (the form of electronic mail or official document) after the date of request by A, A shall carry out the name upon request by E within 30 days from the date of request.

3. A shall be E.