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(영문) 서울중앙지방법원 2017.08.18 2016가합553800
약정금
Text

As to the Plaintiff KRW 505,865,751 and KRW 300,00,000 among them, the Defendant’s annual interest is from January 18, 2016 to March 15, 2017.

Reasons

Basic Facts

A. The Defendant is a company established on January 10, 2014, with the primary purpose of an artist’s management agency business, etc.

C On January 17, 2014, the Plaintiff entered into a contract with the following terms (hereinafter “instant contract”) as the Defendant’s representative.

Article 2 (Investment Money) The Plaintiff shall invest KRW 300,000,000 in the Defendant.

Article 3 (Methods of Payment) The plaintiff shall transfer in cash to the defendant's account of passbook (D Deposit holders of a new bank: the defendant).

Article 4 (Investment Period) The plaintiff shall be subject to the conditions for two years from the date of cash deposit to the defendant's account after the investment contract.

Article 5 (Conditions for Guarantee of Investment Amount) The defendant shall combine 300,000,000 won invested by the plaintiff and pay in cash the total of 600,000,000 won after two years after the contract is concluded.

Article 6 (Conditions of Security for Investment Amount) The defendant shall transfer the defendant's shares in the name of the plaintiff by applying five times the amount per share of the shares issued by the defendant to the security condition of KRW 300,000,000 invested by the plaintiff.

Article 7 (Conditions on Termination of Investment)

1. The plaintiff shall terminate the investment contract when E resigns from the defendant's representative director.

2. The plaintiff shall terminate the investment contract when the number of household members under the exclusive contract with the defendant transferred to another company F.

Article 8 (Amount of Damages Arising from Contract)

1. In the event that the grounds of Article 7(1) and (2) arise, the Defendant shall return the Plaintiff’s investment security stocks, and shall combine the amount of KRW 300 million invested at the time of termination of the contract with KRW 150,000,000 invested amount of KRW 300,000 investment guarantee amount of KRW 50,000,000 in cash within one year after the contract was concluded, and shall pay the Plaintiff total of KRW 450,00,000 in cash.

2. The Defendant shall pay to the Plaintiff KRW 300,000,000 as investment guarantee and KRW 600,000,000 as investment guarantee when one year has passed since the contract was concluded under Article 7(1) and (2).

3. Even before the expiration of two years, the Defendant may demand the Plaintiff to return the shares provided as security, not under Article 7(1) and (2), but under Article 8(1) and (2).

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