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(영문) 서울중앙지방법원 2016.12.06 2015가단117675

약정금

Text

1. The defendant shall be KRW 29,604,00 for the plaintiff A, KRW 14,80,000 for the plaintiff C, and KRW 1,380,000 for the plaintiff B and each of the above amounts.

Reasons

1. Under the circumstances of the case, the following facts do not conflict between the parties, or are acknowledged by taking account of the following facts: Gap evidence 1, evidence 2-1 through 4, evidence 3-1 through 4, evidence 3-8, evidence 18, evidence 19, evidence 19, evidence 1-1, 2, evidence 2-1, 2-2, evidence 3-1, 4-2, and evidence 4-1, 4-2, and plaintiff E (Withdrawal of lawsuit on July 18, 2016)'s examination results.

The Defendant was a corporation established on August 7, 2014 for the purpose of “agricultural. livestock, livestock, forestry products production, storage, processing, packing, wholesale and retail business, export and import business,” etc., and recruited investors in the form of membership recruitment to purchase, raise for a period of three months, promote sales business, and prepare funds for purchase, etc.

(B) According to the “Operational Proposal of Livestock Farming Corporation” prepared by the Defendant, the expected return on the three-month period from the purchase to the sale of new pigs is 240%, and the profits of the union members are 200% of the amount of investment.

E and the Plaintiffs, on the condition that each of the investments is paid after receiving a preferential repayment for three months, invested each of the corresponding amounts listed in the “investment amount” column in each of the following [the first investment progress] in the Defendant for the pertinent “investment period,” and thereafter, paid from the Defendant for each of the pertinent periods specified in the “distribution period” column, and received each of the corresponding amounts stated in the “income column” as the profits accrued from the Defendant (which was paid under the name of “distribution” or “delivery” or “delivery”). Meanwhile, the said investment amount was repaid for each of the corresponding amounts stated in the “the principal amount” column.

(2) The amount of the principal collected during the investment period E shall be the balance of the principal indicated below (each corresponding amount) during the dividend period. The amount of the investment amount E shall be the balance of the principal collected during the investment period. < Amended by Presidential Decree No. 25790, Nov. 1, 2014>