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(영문) 서울중앙지방법원 2015.11.18 2013가합73600
원물구입정산금반환 및 손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 2, 2012, the Defendant sent an e-mail sent to the Plaintiff, stating that the Defendant’s investment of the funds to purchase source goods would bring about KRW 30,000,000 per month when investing the funds to purchase source goods in the business to export the goods to KIKO, a U.S. legal entity (hereinafter “KIKO”) by processing the Track in the Philippines, and proposed a conclusion of a fund investment contract.

B. C Co., Ltd. (the former trade name is D Co., Ltd.; hereinafter “D”) was established on January 4, 2012.

On February 8, 2012, the plaintiff was appointed as the joint representative director of the above company, and on the same day, the distribution and sale business of agricultural and fishery products, export and import business of agricultural and fishery products were added for the business purposes of the above company.

C. On February 14, 2012, 201, the Republic of Korea (E COMP. hereinafter “E”) signed a fund investment contract (hereinafter “instant investment contract”) under the name of the Republic of Korea (hereinafter “E”) and the Republic of Korea (hereinafter “E”), which was operated by D and the Defendant.

Domestic D (the plaintiff of the representative director) and overseas E (the defendant of the representative director) enter into a contract related to the investment of funds with the aim of joint efforts, joint development enterprises, for the whole world's agricultural and fishery products, and for joint ventures of entry trade projects, as follows:

Section 1 (Purpose) This Agreement supervises that D’s funds are invested by E for the purpose of supporting the U.S. export business activities of E, and the management, distribution, and quality assurance of products, and D’s recovery of investment funds under a purchase agreement made by KIKO and D.

Section 2 (Investment Money) The amount invested by D in this contract to E shall be invested in accordance with the amount of the order ordered for purchase of the KIKO and the amount required.

Article 4 (Prohibition of Diversion) E may only be used for business purposes for investment funds, except for purchase of other real estate or management of personal uses.

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