약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
A. On June 25, 2014, the Plaintiff’s assertion was made by the Defendant Company C’s promoters, the promoters of the Defendant Company, at the time of incorporation, and the Plaintiff concluded an investment contract with the main content that the investment contract expires at the time when the Defendant Company provides the Defendant Company with KRW 40 million operating funds and KRW 2.5 million at the time of monthly rent of KRW 10,500,000 for the Defendant Company’s business (hereinafter “instant investment contract”). The Defendant Company provided the Defendant Company with the retail value of KRW 104.09,00 of the first floor reinforced concrete structure of Seongbuk-gu, Sungnam-gu, Sungnam-gu, Sungnam-si. The Defendant Company comprehensively managed the store and distributes 20% of the net profit of KRW 1 and 2 each month, and the Defendant Company provided the Plaintiff with subparagraph 1 of the “B” business (hereinafter “instant investment contract”).
Under the instant investment contract, the Defendant Company failed to perform the obligation to pay 48 million won, out of the profit of June 25, 2014 to June 30, 2015, to the Plaintiff. Accordingly, the Plaintiff terminated the instant investment contract on the ground of the Defendant Company’s nonperformance of such obligation, etc., and the declaration of termination is substituted by the delivery of the duplicate of the instant complaint.
Therefore, the Defendant Company is obligated to pay the Plaintiff the above unpaid profit of KRW 45 million and return the investment amount of KRW 40 million upon the termination of the instant investment contract. Therefore, the Defendant Company is seeking a judgment, such as the written claim.
B. In light of the determination, the rights and duties that the promoters acquired and borne for the establishment of the company are attributed to the company at the same time as the incorporation of the company. However, the company during the establishment is established only when the articles of incorporation is prepared and at least one share of shares was acquired by the promoters. The rights and duties that the promoters acquired before the establishment of the company is completed are attributed to the promoters or the promoters association according to specific circumstances.