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(영문) 서울중앙지방법원 2015.04.03 2014가합22265
투자금 등
Text

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 March 2, 2005, the Plaintiff acquired the claim for the refund of investment amounting to KRW 750 million against the non-party corporation Eul Co., Ltd. (hereinafter "the non-party corporation"), and the non-party corporation Eul (hereinafter "the defendant corporation") from the non-party corporation (hereinafter "the non-party corporation"), (the plaintiff invested KRW 750 million in the defendant corporation through the non-party company in around 2004, but the plaintiff acquired the claim for the refund of investment amounting to KRW 750 million from the non-party company, and thereafter, the plaintiff invested KRW 150 million in the defendant company from November 2005 to November 2005.

B. On November 15, 2005, the Plaintiff entered into a contract with the Defendant Company on the guarantee of principal, repayment of principal, and payment of investment proceeds, etc. (hereinafter “instant contract”) of the total amount of KRW 900 million (hereinafter “the instant investment proceeds”) as indicated in the following contract. Defendant C, an operator of the Defendant Company, actually, guaranteed the Defendant Company’s obligations under the instant contract on the same day.

(2) In the event that the Defendant Company and Defendant C jointly implement the business related to the “property rights, such as D and E contact image and sound content” (hereinafter referred to as the “business”), the Plaintiff Company and Defendant C’s business related to the “property rights, such as production, marketing, profit distribution, etc.” (hereinafter referred to as the “business”), and all related matters, including rights and obligations, are entered into a contract with the Plaintiff (hereinafter referred to as the “Plaintiff”).

Article 1 (Purpose of Contract) This Agreement is based on the principle of good faith and sincerity for the successful production and sale of intellectual property rights, such as “D and E contact image and sound content” by the Plaintiff, Defendant Company, and Defendant C.

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