(영문) 부산지방법원동부지원 2019.10.31 2018가단207870

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(영문) 부산지방법원동부지원 2019.10.31 2018가단207870

약정금

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B operates “D” in Busan Shipping Daegu, and Defendant C served as the president of the said fish farming institute.

B. On February 7, 2017, the Plaintiff entered into an investment contract with Defendant B on the educational business (hereinafter “instant investment contract”) and paid KRW 200 million to Defendant B with the investment money while working as an instructor at the said fish teaching institute. The main contents of the instant investment contract are as follows.

Section 1 (Purpose) The purpose of this Agreement is to participate in the investment of “A” (Plaintiffs) in relation to the projects of “B” (Defendant B) and to distribute profits accruing from the project.

Article 2 (Definitions)

1. “A” means a project in which “B” and “B” jointly participate through the expansion of facilities for English kindergartens and study personnel of “B” and the establishment of a store.

2. The term “investment” means the payment of agreed investment charges for the business of “B” and the collection of a certain percentage of investment profits generated from the sale of the business in question;

3. “Participation” means a participation in a juridical person related to the business of “A” and contributing to the business of “B” by being assigned a position and role.

Article 3 (Investment Funds)

1. Under this Agreement, “A” shall invest daily 200 million won in cash, and the funds shall be paid in full by August 31, 2017.

Article 4 (Distribution of Profits)

1. “A” and “B” intend to distribute the distribution of proceeds from the investment of “A” in Article 3 from the total amount of proceeds according to the shares of the business entity.

Article 5 (Sharing of Affairs)

2. “B” shall arrange and notify “A” of the daily details of sales, and shall at any time notify the status of sales at the request of “A”.

Article 7 (Investment Period)

1. “A” and “B” shall be five years from the date of the deposit of the investment contract.

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