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(영문) 인천지방법원 2020.09.01 2019나65910

투자금반환

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On June 12, 2012, the Plaintiff entered into an investment agreement (hereinafter “instant investment agreement”) with the Defendant running D in Gangnam-gu Seoul (hereinafter “instant enterprise”) with respect to the Plaintiff’s investment in the instant enterprise, including the following details:

The Plaintiff as an individual and the instant company (representative: the Defendant) have entered into a contract on the Plaintiff’s cash investment in order to stabilize and develop the business of the instant company as follows.

C - Article 1 (Investment Obligations of the Plaintiff) - The Plaintiff shall invest 30,000,000 won to the Defendant on the following terms:

(1) 30,000,000 won shall be invested in cash until June 12, 2012.

Article 2 [Obligation of Defendant] When the Plaintiff completes its investment obligation under Article 1(1), the Defendant shall pay 30% of the Defendant’s net income of the instant enterprise to the Plaintiff each month.

Article 3 [Audit of Plaintiff’s Business] The Defendant shall present in writing the matters concerning the accounting and the data on the business and transactions at any time at the request of the Plaintiff, and shall share matters concerning the overall business jointly.

Article 5 [Termination of Contract] The plaintiff or defendant must give written notice to the effect that the contract will be terminated if any justifiable ground corresponding to the termination of the contract arises.

Article 8 [Special Provisions] The cash investment funds under this Agreement are limited to the expenditure of the Company's operating expenses, and the funds shall not be in the form of returning principal with the extinguished funds of the instant enterprise operated by the present individual enterprise, but at the later time of incorporation of the corporation, the current investment funds shall be converted to the total capital of the corporation at the rate of one to one to one to one to one. The current deposit and the cash investment funds shall be converted from the individual enterprise to the total investment.

On the same day, the Plaintiff paid the Defendant KRW 30,000,000 (hereinafter “instant investment”).

C. On January 17, 2013, the Defendant closed the instant business.

On November 10, 2017, the Plaintiff is the Defendant.