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(영문) 서울중앙지방법원 2016.01.28 2015나17134

투자금반환

Text

1. All appeals by the Defendants are dismissed.

2. The costs after the appeal shall be borne by the Defendants.

Reasons

1. Facts of recognition;

A. On October 26, 2012, the Plaintiff prepared an investment agreement (Evidence A 1; hereinafter “instant investment agreement”) with the representative L of M to invest KRW 30,00,000 as necessary for the third counter-defense match (which is scheduled on December 3, 2012) and the third counter-defense match (which is scheduled on December 3, 2012) of K U.S. Pung Pung Pung L, with the following content:

B. ① The Plaintiff’s deposit of 30,000,000 won in the Agricultural Cooperatives account in the name of L, and (2) simultaneously with such deposit shall become effective as an investment agreement.

(3) L is paid 45,00,000 won to the Plaintiff as profit-sharing (Article 3(1)), 4.2 months after the end of the competition (Article 3(2)) (Article 3(2)), 5,00,000 won to be paid to the Plaintiff (Article 3(1)), 3.2 months after the end of the competition (Article 3(2)) (Article 3.2), 3.3), 3.3,00,000 won with respect to the invested funds, and 5% per month with respect to the investment funds in the early stage of the project, where it is impossible to distribute the profit-sharing due to the smooth progress of the project due to the failure to carry out the project, along with the source of use, receipts, and so on, the executive officers are not liable for the joint and several liability.

The plaintiff waives civil and criminal lawsuits against L or executives without any objection in addition to the repayment of funds.

(Paragraph 3). (c)

Pursuant to Article 3(3) of the Investment Agreement above, Codefendant B (Chairperson/President), the same C (Standing adviser), and G (Advisor) of the first instance court respectively signed the name name of the M Officer List (hereinafter “instant officer List”) attached to the Investment Agreement in order to jointly and severally guarantee the return of the investment principal, and Defendant H (Chairperson of the Treasury) and Codefendant I (Chairperson of the first instance court) signed each of the names attached to the Investment Agreement in front of the M Officer List (hereinafter “instant officer List”), respectively, according to the direction of Codefendant B of the first instance trial.

In other words, Defendant D (Advisor), Defendant E (Advisor), and the instant officer name group.