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(영문) 서울서부지방법원 2020.06.18 2018가합37871
손해배상(기)
Text

1. The Defendants jointly committed against the Plaintiff KRW 3,000,000,000 and KRW 2,000,000 among them, as from January 8, 2016, and 1.

Reasons

1. Basic facts

A. Defendant B is a person who actually operates Defendant D (hereinafter “Defendant D”) and E Co., Ltd. (former trade name: F Co., Ltd.; hereinafter “F”), and Defendant C is a representative director of Defendant D.

Article 1 (Purpose of the Contract) The purpose of this Agreement is to determine the provisions to be applied to the Plaintiff in investing the project funds required for the promotion of Defendant D’s project.

Article 2 (Abstract of Subject Companies) The outlines of the Subject Companies subject to investment under this Agreement shall be as follows:

(1) Trade name: H Article 3 (Contents of Investment) The scale and terms of the investment made by the Plaintiff to Defendant D under this Agreement are as follows:

(1) Investment amount: A loan (2) investment method: A loan (an exchange of 50% of the total outstanding shares of the company in question) (3) investment period: A loan use on January 8, 2016: (4): A loan operation fund of the company in question and a fund integrity deposit amount of KRW 1 billion (in this account of the company in question). (2) A distribution fund formation deposit amount of KRW 1 billion (in the case of the company in question, disposal in the separate account of the company in question, 5% of the amount of KRW 20 billion) to facilitate implementation of this contract. The following provisions shall be specified as a special agreement to facilitate implementation of this contract.

(1) Defendant D’s investment amount of KRW 2 billion invested by the Plaintiff is later repaid by transferring the ownership of 50% of the total shares issued by the subject company to the Plaintiff at the time the Parties agree later.

B. On January 7, 2016, the Plaintiff (former: G) entered into a contract under which Defendant D, F, and H Co., Ltd. (hereinafter “H”) invested funds for acquisition and operation (hereinafter “instant investment contract”). The details are as follows.

On January 8, 2016, the Plaintiff transferred KRW 2 billion to Defendant D’s account in accordance with the instant investment contract.

C. Meanwhile, the Plaintiff’s KRW 500 million to F on January 21, 2016, and KRW 500 million to Defendant D on February 26, 2016.

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