(영문) 광주지방법원 2020.07.23 2019가단16654

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(영문) 광주지방법원 2020.07.23 2019가단16654

투자금

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 1, 2016, the Plaintiff entered into an investment contract with Defendant C as a guarantor for an investment strategic project developed by Defendant C (hereinafter “instant investment contract”). The main contents are as follows. The first development schedule under the instant investment contract was set out from May 2016 to October 2016 as six months.

Investor A (hereinafter referred to as the "A") and Developer C (hereinafter referred to as the "B") shall conclude an investment contract under the following conditions:

Section 1 (Purpose of Contract) The purpose of this Agreement is to determine the specific details and necessary matters in accordance with the investment in “Foreign Exchange Strategic Projects” in “B” in relation to “Foreign Exchange Strategic Projects” and to clarify the rights and obligations between “A” and “B”.

Article 2 (Investment Method) Investment in “A” under this Agreement is a cash investment, and specific investment amounts and profit-sharing shall be in accordance with each of the following subparagraphs:

(1) Investment amount: A shall invest 100 million won in daily installments (100,000,000) at the time specified in each subparagraph of Article 3 (1).

(2) For profit distribution: The term "B" shall pay 30 percent of the net operating profit from the time of operation after the completion of development to "A".

Article 4 (Scope of Business)

1. The scope of the project under this contract shall be the primary development and operation of the insurance hosting program of the “Foreign Exchange Strategic Project”, and the service territory shall be Korea.

2. “B” shall proceed with the project and enter into a new contract in consultation with “A” when the second development and operation timing arrives after the completion of the first development due to the expansion of the service sector.

Article 15 (Matters under Special Agreements)

1. If development costs are incurred in excess of a development schedule, “B” should bear the additional costs and complete the development;

2. “B” shall be deemed to be a senior investor in the event that investment in accordance with the second development and operation is necessary.

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