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(영문) 서울중앙지방법원 2017.06.13 2016가합524642

미수금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 324,902,027 and as a result, from May 1, 2016 to June 13, 2017.

Reasons

1. Basic facts

A. 1) The Plaintiff agreed to make equity investment with D on December 13, 2005, in accordance with the introduction of Defendant B, who is the husband of the token. At the time, Defendant B guaranteed the Plaintiff’s obligation to compensate for the amount of loss in the event that the said equity investment causes loss to the Plaintiff (hereinafter collectively referred to as “instant first share investment agreement”).

1. D shall deposit KRW 200 million into the securities unit of D. 2. This Arrangement shall be settled on a three-month basis. However, the period of time shall be extended if D is compensated for the portion of loss. 3. D’s seal and card shall be kept in D. D’s custody. 4. The loss incurred by D’s operation of the securities unit shall be borne by E. 5. 5. If the price of the shares purchased in the former unit is less than 80% of D’s principal (20% if the loss occurred) and 30% or more of D’s principal amount, D’s unilateral disposal may be allowed. 6. D’s sale of shares shall be deferred if D’s principal cannot be recovered due to the default of payment and increase of the securities in question on August 2, 2008, and the Plaintiff shall be held liable for the settlement of profits under the name of 205.24% or less of the 3.1 billion net account.

B. On March 21, 2006, the Plaintiff entered into an additional share investment agreement with F on March 21, 2006, following the introduction by Defendant B. G and H are required to compensate the Plaintiff for the amount of loss if the said share investment causes loss to the principal invested.