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(영문) 광주지방법원 2021.01.15 2020가단495

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant, based on the facts, is C Association as an investment solicitation agent on June 14, 2007, and is a financial investment expert who completed each registration as a securities investment solicitation agent on May 1, 2017. The Defendant worked in D Company from December 9, 2014 to June 29, 2016, and thereafter worked in E.

On May 28, 2015, the Plaintiff invested KRW 51,00,000 in the account of the Defendant, Co., Ltd., Ltd., and KRW 3,000,000 on June 1, 2015, and invested KRW 5,000,00 in “F” through E around July 1, 2017 (hereinafter referred to as “instant investment”). After the instant investment, the Plaintiff made a written agreement between the Plaintiff and a notary public around July 24, 2017, including the following contents, and obtained certification from the Plaintiff as a notary public on May 1, 2017 (hereinafter referred to as “the instant agreement and the instant agreement, etc.”) (hereinafter referred to as “Plaintiff 1,000,000,000) for KRW 70,000 on May 1, 2015 (hereinafter referred to as “Plaintiff 205,00,000,000”).

2. In a case where a loss is incurred to KRW 54 million invested in “B” in this Company D, to compensate for the loss incurred from the profit accrued from KRW 5 million invested in “B” in this E E, but “A” guarantees “B”’s principal amount of KRW 59 million invested in “B” by May 31, 2019 and “B” bears full responsibility for the total amount of the loss.

3. As of May 31, 2019, “A” should pay the full amount of the difference to “B” by June 30, 2019, where a loss was incurred at KRW 59 million invested in “B” as of “B”.

4. In a case where “A” does not pay the difference between the losses incurred in the KRW 59 million invested in “B” to “B” by June 30, 2019, “A” shall be deemed to read “B”.