beta
(영문) 서울중앙지방법원 2017.10.27 2016가단5250956

약정금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 170,000,000 and KRW 120,000 among them, from August 1, 2014 to 50,000.

Reasons

1. Facts of recognition;

A. The Plaintiff, a summary of the parties, is a medical specialist running sexually off in Seocho-gu Seoul Metropolitan Government, and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established on February 15, 2005 for the purpose of distributing film import business, film production investment business, etc., and Defendant C is the only director since its incorporation as one of the above companies, and is its representative director.

B. The Plaintiff, in accordance with the Defendant C’s solicitation that he/she became aware of in the Oraba club, agreed to invest in the business of importing and distributing the film of “E” (hereinafter “E”) in the name of the Defendant Company. On October 5, 2013, the Plaintiff invested KRW 120,000 between the Defendants and the Defendants and 120,000, and 10% shares of the profits from the said business. In the event of loss, the Plaintiff entered into an agreement on the division of investments and profits from the Plaintiff’s investment principal (hereinafter “instant investment agreement”) with the content that the Defendants shall pay the Plaintiff’s investment principal within three months after the film is closed (hereinafter “instant investment agreement”), and the same month after the mold.

7. The Defendants paid KRW 120,000,000 to the Defendants.

C. Since long time, the Defendants requested to lend money to the Defendants while requiring funds for the promotion of the film of this case to return the film of this case more than three months.

On February 21, 2014, the Plaintiff agreed to pay 50,000,000 won in cash to the Defendants after three months and lent it to the Defendants.

(hereinafter referred to as “instant loan agreement”) D.

The film of this case opened around March 2014, but failed to do so, and was closed at the end of the following month, and the Defendants did not receive any profit.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 5, Eul evidence 11, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Based on the fact that the principal of the investment and the obligation to return the borrowed money is recognized, the Defendant Company is a shareholder of the Defendant C.