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(영문) 서울중앙지방법원 2017.09.28 2017가단5067830
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 7, 2014, the Plaintiff entered into an investment contract (hereinafter “instant investment contract”) under which the Plaintiff invested in MMR Co., Ltd. (hereinafter “MMR”) and settled the profits and losses therefrom, and is paid an investment refund (hereinafter “instant investment contract”). The main contents of the investment contract are as follows.

The purpose of Article 1 of the Investment Contract is to confirm the rights and obligations of each other in investing in the performance produced by MM community.

(1) An outline of the performance under Article 2 (1): (2) The performance period: (3) the performance period from August 27, 2014 to November 9, 2014: (4) the standard amount of the investment solicitation of the performance shall be KRW 3,780,000,000.

(4) (1) The Plaintiff has invested KRW 756,00,000 in a public performance and has an investment share equivalent to 20%.

(6) The Plaintiff’s loss shall be the amount calculated by the ratio of investment ratio ¡¿ 70%, but the maximum amount shall be KRW 50,000,000.

Article 4 (1) Settlement and Refund (1) Settlement of Accounts and Refund ① Settlement of Accounts and Refund ① Settlement of Accounts shall pay to the Plaintiff KRW 40,000,000 for the first first priority refund and KRW 30,000 for the second advance refund until September 19, 2014, respectively, until October 17 of the same year.

(2) The completion of an accounting audit shall be made within ten weeks after the completion of public performance.

(3) The remainder of the investment refunds except for those refunds in advance shall be paid within one week from the date on which the audit ends.

(2) A contract performance guarantee ① MMMMI shall, at the same time as this contract is concluded, subscribe to a contract performance guarantee insurance amounting to 30/100 of the total contract amount between the defendant and submit the original copy of the certificate to the plaintiff.

(3) The insurance period of the performance guarantee insurance for a contract shall be specified in paragraph (1) of this Article.

(2) On January 5, 2015, including an scheduled date for payment of the full amount of investment refunds under subparagraph (3).

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