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(영문) 서울서부지방법원 2017.01.19 2015가합2201

투자반환금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 370,114,284 and the period from January 1, 2016 to November 30, 2016.

Reasons

1. The facts under the basis of facts may be found to be either in dispute between the parties or in each entry in Gap evidence 1 to 5 (including the branch numbers, if any; hereinafter the same shall apply) by reference to the whole purport of the pleadings.

The Defendants hold 70% of their shares in E (hereinafter “instant marriage hall”) “E” located in Jongno-gu Seoul Metropolitan Government D, and run the above marriage hall as well as Nonparty F, who holds 30% of their shares in the above marriage hall. The Plaintiff is a person who invested 300,000,000 won in cash to the Defendants for the operation of the above marriage hall as seen below.

B. (1) On May 8, 2013, the Plaintiff and the Defendants invested KRW 300,000,000 to the Defendants for the operation of the instant marriage hall, and the Defendants transfer the deposit amount of KRW 200,000,000 to the Plaintiff and KRW 12% of the said marriage hall shares (hereinafter “instant investment contract”).

The content of the contract is as follows. The term “A” refers to the Plaintiff; and “B” refers to the Defendants, respectively. Article 1(hereinafter “A” invests in “B” under the following conditions: (a) The term “Won 300,000,000 (Won 300,000,000) that would be cashed by May 8, 2013; (b) the term “B” invests in cash in the amount of KRW 300,000 (Won 300,000,000) that would be cashed by May 8, 2013. The term “B” under Article 2(1) of the “B” shall pay “B” the amount of KRW 20,000,000,000, out of KRW 70,000,000,000, and “B” shall be paid to “B” at any time upon the request of “A”. Article 3(Audit for Business” shall not be “B” upon cancellation or termination of a written contract.

“A” or “A.”