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(영문) 제주지방법원 2020.08.31 2020가단345
보증채무금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 30,000,000 and Defendant C with respect thereto from October 26, 2019, and Defendant D.

Reasons

Basic Facts

On November 26, 2014, the Plaintiff concluded an investment contract with the following content as E Co., Ltd. (hereinafter “E”).

(hereinafter referred to as “instant investment contract”). The name and purpose of the contract under Article 1 is the name of the contract and the name of the contract is the investment contract.

The purpose of this is to pay investment profits and investment principal to the Plaintiff by investing the Plaintiff in E.

Article 2 The investment period of the main investment contract shall be one year from the date of the contract, but if the plaintiff desires to do so, the additional one year may be extended.

Article 3 Paragraph 1 (Investment Amount) of the Investment Conditions (Investment Terms) provides that the Plaintiff shall invest KRW 50,000,000 to E, and invests KRW 30,000,000 on December 1, 2014, and invests KRW 20,000,000 on December 31, 2014.

Paragraph 2 (Investment Profit Distribution) E shall calculate an amount equivalent to 1% of the amount (hereinafter referred to as "a gross sales profit") calculated by deducting the sum of the purchase cost of goods and the transport cost (hereinafter referred to as "sales cost") from the sales amount generated from the planned project by E, and pay the Plaintiff the amount on the fifth day of the following month.

Provided, That where the Plaintiff fails to pay KRW 20,000,000 to E by December 31, 2014, as referred to in paragraph (1), and pays it by January 10, 2015, the ratio of investment return under paragraph (2) shall be 1% from January 2015, and December 2014 shall be 0.6% from December 31, 2014.

In addition, if the above 20,000,000 won is not paid until January 10, 2015, the ratio of investment return shall be 0.6%.

When paragraph (3) (Minimum Investment Proceeds) E pays the return on investment under paragraph (2) to the Plaintiff, it shall pay not less than 2,000,000 won per month.

If the investment amount of KRW 20,000,000, which was decided to make an investment until December 31, 2014, is paid from January 1, 2015 to January 10, 2015, the minimum amount of investment profits for December 2014 shall be KRW 1,200,000, and the amount of investment profits for January 2015 shall be KRW 2,00,000 each month during the contract period from January 2015 to January 10.

In addition, the above 20,000,000 won is not paid until January 10, 2015 at least.

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