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(영문) 서울중앙지방법원 2016.07.13 2016가단5022564
약정금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 103,50,000 and Defendant B Co., Ltd. from January 5, 2016.

Reasons

1. Basic facts

A. On August 31, 2013, the Plaintiff entered into an agreement with the Defendants on the following terms (hereinafter “instant investment agreement”), and around that time, paid KRW 100 million to the Defendants as investments.

B (hereinafter the same shall apply) has the right to make profits specified in this Agreement by investing in A (the meaning of the Plaintiff, hereinafter the same shall apply).

Section 2(B) is entitled to make investments and to obtain profits therefrom through this Agreement.

B's profits shall be calculated in accordance with the criteria prescribed in [Investment and Profit Agreements] attached to this Agreement.

Article 5 (Period of Contract) (1) The term of contract shall be extended on August 30, 2014, which is one year from the date of the contract, by one year from the date of August 30, 2014 (the term " August 30, 2015" as stated in the evidence A 1 shall be deemed to be the clerical error of August 30, 2014), and the extension may be suspended and terminated under mutual agreement thereafter.

(2) When Gap or Eul does not renew or extend this contract, it shall be notified in writing to the other party 30 days prior to the expiration of the contract term.

Article 6 (Termination and Termination of Contract, Return of Investment Funds) (4) In case of request for termination of this contract, A may comply with it.

Where A consents to the termination of a contract, A shall determine the transfer amount under mutual agreement with B.

[Investment and Profit-making Agreements] Gap and Eul shall be paid 3.5 million won by fixing them as business expenses, etc. of Eul.

[Matters of special agreement] The amount invested is used for the purpose of the Home Puler Facility Costs and operating expenses, and the Defendants are jointly liable for this investment.

B. On June 17, 2015, the Plaintiff terminated the instant investment agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) and sent a certificate of content seeking the return of the investment amount to the Defendant Company. The content certification reached the Defendant Company on the 18th of the same month.

C. Since September 9, 2015, the Plaintiff is between the Defendant Company and the Defendant Company.

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