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(영문) 부산지방법원 2019.03.26 2017가단335741
투자금반환
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 150 million per annum from November 7, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 17, 2017, the Plaintiff entered into an investment contract (hereinafter “instant agreement”) with the Defendant, who operated D business on the first floor of the building C in Busan Dong-gu, Busan (hereinafter “instant business”).

Article 2. Investment Amount: The Plaintiff shall invest KRW 150 million, and shall recognize 19.81% of the shares in the instant business for the said investment amount.

Article 4. Distribution method of profit: If the balance of the operating budget does not exceed 150 million won, 20% of the net profit shall be compiled into the budget amount, and the return on investment shall be made by transferring and taking over the net profit of each share under Article 5: the holding share shall be carried out by mutual agreement or by one of the parties when he/she intends to transfer all or part of the share to a third party.

Article 6. Revocation: If the other party to the contract fails to perform the obligations specified in this Agreement, the plaintiff or the defendant may terminate part and all of this Agreement by written notice after going through a separate consultation with the other party, if the other party fails to perform his/her obligations more than 30 days after receiving notice of non-performance from the other party.

Special agreement terms: 19.81% (35,117 shares) of the equity ratio in the amount of KRW 330,000,000 of the instant equity in the business, shall be purchased in the amount of KRW 150,000,000,000, and the minimum dividend of KRW 3,000,000 shall be paid every month in preference to the relevant equity ratio.

When the plaintiff indicates his/her shares held at the time six months have elapsed after investment ( July 17, 2017), at the time of the second sale (before June 17, 2017), the defendant must re-purchase the plaintiff's shares according to the amount purchased by the plaintiff.

This is because (which is the premise that the principal is guaranteed).

The Plaintiff deposited KRW 150 million into the account designated by the Defendant in accordance with the instant agreement, but the Defendant paid KRW 3 million to the Plaintiff as stated in the special agreement.

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