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(영문) 서울고등법원 2016.03.18 2015나2005444

투자금반환

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 1,500,000,000 for the Plaintiff and its related thereto from February 1, 2014.

Reasons

1. Basic facts

A. The Defendant is a company aimed at researching and developing computer programs, and C (hereinafter “instant company”) is a company incorporated on March 3, 2009 for the purpose of software development and supply business. At the time of June 2009, the Defendant was a major shareholder holding 20,941 shares of the instant company.

B. On June 19, 2009, the Plaintiff and the instant company, the representative D of the instant company, and the Defendant entered into an investment contract (hereinafter “instant investment contract”) with the following terms and conditions, and the Plaintiff paid KRW 1.5 billion to the instant company on June 23, 2009 in accordance with the instant investment contract.

The investor in C’s investment contract with the Plaintiff: The Company; the Company; the Company; and the Large Shareholders; the Company: in accordance with the terms and conditions of this Agreement, the Investor wishes to invest an investment in the instant game-related business being developed by the Company in accordance with the terms and conditions of this Agreement; the Company, in accordance with the terms and conditions of this Agreement, intends to faithfully implement the settlement of domestic and foreign sales in the instant game, or other profits and distribution to investors in accordance with the sale of value-added tickets; the Company’s major shareholders and the Board of Directors, in accordance with the terms and conditions of this Agreement, cooperates with the Company, its major shareholders, interested persons and investors so as to be able to complete the investment,

On the premise of the matters listed above, the parties agree as follows:

The project investors in Article 2(1) shall invest in the MFPG games and related projects being developed by the company.

Specifically means the projects defined as follows:

(a) Project name: (a) (hereinafter referred to as “instant game”): MORPG (c) for the development of character: self-scaming (d) schedule: Crambling service - on December 2009 (YU) - open betabl service.