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Reasons
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(영문) 서울중앙지방법원 2017.07.20 2016가합536850
투자금반환 청구의 소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the representative of C Co., Ltd. (hereinafter “C”) with the objective of planning performance, production and performance, and e-mail agency service, etc., and the Plaintiff is the investor.

B. On September 22, 2015, the Plaintiff entered into an investment contract (hereinafter “instant investment contract”) with the Defendant to invest a total of KRW 2.32 billion in the business run by the Defendant and C (hereinafter “instant investment contract”). The major contents are as follows.

Section 1 (Purpose) The purpose of this Agreement is to make investments and distribute profits accruing from the project in connection with the project C.

Article 2 (Definitions) The term "investment" means a collection of legitimate dividends from the project by A as investment returns after paying the agreed investment proceeds for the project.

SECTION 3 (Investment Funds) The investment funds of A under this Agreement shall be:

(a) Total amount invested: 1,821,000,000 Won (1,821,000,000) Article 4 (Distribution of Profits);

1. Gap and Eul shall allocate the amount of dividends lawfully determined by the board of directors and the general meeting of stockholders of the company established for the above business to Gap's dividends to Gap's investment in Article 3 in proportion to Gap's share ratio (30%).

2. Where a dividend determined by the above board of directors and the general meeting of stockholders of Eul receives at least investment amount within one year from the time the contract becomes effective, Gap shall refund 17% of the said equity interest to Eul as an injury.

1) Transfer of shares shall be transferred from the shares of the Party A to the Party A. 3. Where the dividend determined by the Board of Directors of the Party B’s Business and the General Meeting of Shareholders has been paid less than the amount invested within one year after the contract becomes effective, Party A’s original shares shall maintain the ratio of 30%. Article 5 (Business Shares)

1.B shall wholly exercise all the powers over the overall management of the Company incorporated for the Project C and its entire business.

2. A shall operate as B for the purpose of confirming the profits of investments.

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