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(영문) 서울고등법원 2017.06.09 2016나2076566
투자금반환 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a performance producer for the purpose of public performance, drama, film production and distribution business. Defendant B (hereinafter “Defendant B”) is a performance planning company for the purpose of entertainment management, proxy relay business, etc., and Defendant C is the representative director of Defendant B.

B. The instant investment contract and LA performances No. 1) The Plaintiff promoted on July 2, 2014 by Defendant B (hereinafter “LA performance”)

(1) enter into an investment contract to invest KRW 300 million (hereinafter referred to as “instant investment contract”).

July 7, 2014 and the 17th day of the same month and the same year

8.4. Each 100 million won was remitted to Defendant B’s account, and the main contents of the instant investment contract are as follows.

Article 2 (Opening of Performance) of Investment Contracts

1. Official title: D (the “E”);

2. Contributor: F (G, H, I), J, K.

3. Total production cost (investment cost): 300 million won (including surtax);

4. Date of public performance: At 7 p.m. on August 16, 2014.

5. Place: L.

6. Production: Defendant B and the Bank of Banks; and

7. Production investment: The plaintiff;

8. LA local director: Article 6 (Terms of Contracts) of the Trade Union and Home Affairs Bank;

2. Redemption of principal, and distribution of profits and losses;

A. Defendant B shall conduct all accounts within 30 days after the completion of the performance, prepare a settlement report, obtain confirmation from the Plaintiff, and thereby conduct the settlement of profits and losses under Article 3(3).

B. If agreement is reached between the parties after the preparation of the settlement report, the defendant B shall pay the Plaintiff profits equivalent to the ratio of the profit-making share, if any, to the amount of the investment.

(c)in the event of loss, Defendant B shall pay 300 million won in lump sum within 60 days after the completion of the performance.

2) However, on August 15, 2014, the day before the public performance was held, F’s H, who was scheduled to make a contribution to the said public performance, did not obtain U.S. visa, and eventually, LA public performance was in origin. C. Meanwhile, Defendant B’s investment to the Plaintiff on November 24, 2014.

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