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Reasons
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(영문) 인천지방법원 부천지원 2017.02.14 2016가단22020
투자금반환
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1. The Defendants jointly and severally committed against the Plaintiff KRW 85,00,000 and Defendant B Co., Ltd. from August 11, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff’s investment background 1) The Plaintiff Company C (hereinafter “Defendant C”)

2) On March 31, 2014, the Plaintiff entered into a share acquisition agreement with Defendant C to the effect that the Plaintiff would acquire 60,000 common shares of KRW 50,000,000,000, the share acquisition price of KRW 50,000 was paid to Defendant C.

3) Since May 12, 2014, Defendant B Co., Ltd. (the first trade name of the party was “E”), but was changed to the current trade name on March 3, 2016.

Defendant B’s “Defendant B”

(4) On the other hand, D requested the Plaintiff to lend additional funds, and on May 22, 2014, the Plaintiff respectively lent KRW 10,000,000 to Defendant C, and on April 10, 2015, KRW 22,00,000 to Defendant B.

B. On May 7, 2015, the preparation and delivery D of the instant investment agreement concluded a “investment agreement” with the Plaintiff on setting a certain investment condition, and between the Plaintiff and the terms and conditions of the agreement that would terminate the agreement and recover the investment amount paid by the Plaintiff if the said investment condition is not fulfilled.

(hereinafter “instant investment agreement”). The main contents are as follows:

“A”: The amount invested by Defendant B’s representative director D’: Defendant C’s representative director D’ / [Investment Money] Article 2 of the D’ (Investment Money) of this Agreement by “A” and “B” to “B” is added.

1. investment targets and scope of investment amounts. Article 3 / [Investment Terms] The terms and conditions of investment relating to this Agreement shall be subject to [Attachment].

2. The terms and conditions of investment include the following: 1. B. “B” and “B” shall be the top priority in the recovery of investments from the corporate account of “B” and “B” at the request of “A.”

3. “A” may require termination if it is determined that the investment conditions are not complied with, and “B” and “A” are the date of notification of termination.

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