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(영문) 광주지방법원 2020.08.13 2017가합53267
손해배상(기)
Text

The Defendants jointly and severally against the Plaintiff A, KRW 370,00,000, and KRW 140,000,000 for the Plaintiff B, respectively, and KRW 100,000 for the Plaintiff C and D.

Reasons

1. Basic facts

A. Defendant I established the Defendant H Co., Ltd. (hereinafter “Defendant H”) and the J Co., Ltd. (hereinafter “J”) on or around December 2013, 201, which is a real estate development and implementation company, and practically operated the said companies, and was appointed as the representative director of each of the said companies on June 13, 2016, and K is the representative attorney-at-law of the LA branch.

B. The Plaintiffs heard from Defendant I that they will invest in the real estate business that Defendant H will proceed, and concluded an investment agreement with Defendant H or drafted an intent to make an investment as follows. The major contents of the investment agreement are as follows.

(hereinafter referred to as “each of the instant agreements”). An investor in an investment agreement (hereinafter the same shall apply) and Defendant H shall engage in an investment agreement on the basis of the principle of good faith.

L law firms shall take charge of legal advisers and administrative management concerning investment agreements.

1. Parties to and scope, effective date and cancellation of the agreement;

(a) The parties to the agreement and the scope of investors are investors, and they are the parties to the agreement, and they are responsible for receiving investments from the said investors, collecting the invested principal in accordance with the good faith principle, and paying their investment profits, and Law Firm L, as the subject of business management, administer legal advice and duties.

2. Details of agreement;

(a) Principal investment amount and deposit account: Law firm L;

B. Under the special agreement, Defendant H and L guarantee the principal of the amount invested by an investor, and the term of redemption for the investment shall be for six months in the case of Plaintiff B for one year from the date of the conclusion of this agreement by Defendant H.

However, if there is a significant reason to delay the recovery of investment funds even before the due date, the investor may demand the return of the investment funds to Defendant H, and Defendant H must actively cooperate in all measures to return the investment funds and to secure the investment funds without delay.

C. Each Plaintiffs.

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