logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.06.01 2016가합551866
투자금 상환 청구
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,065,927,293 as well as the interest rate from November 18, 2015 to the date of full payment.

Reasons

Facts of recognition

The Dongyang Food2 Investment Fund (hereinafter “the Fund”) is a agriculture and food investment association established in accordance with the Act on Formation and Operation of Agricultural, Fisheries, and Food Investment Funds, and is engaged in the business of investing in agricultural, fisheries, and food enterprises meeting certain requirements. The Plaintiff is an executive member of the Fund.

E Farming Partnership (hereinafter referred to as “E”) is an incorporated farming association established pursuant to the Act on Fostering and Supporting Agricultural and Fisheries Enterprises, and engages in the production, shipment, and distribution of drilling, fluoral, etc., and the Defendants are members of E.

On March 14, 2014, the Fund entered into a contract with E to invest KRW 1.4 billion in E (hereinafter “instant investment contract”). On March 17, 2014, the Fund deposited an investment amount of KRW 1.4 billion (hereinafter “instant investment amount”) with the project management account (the bank deposit account newly opened in the name of E in order to clearly manage the investment amount and the amount of sales and the amount of investment in projects under the instant investment project).

The main contents of the instant investment contract are as shown in attached Form.

E used KRW 453,00,000 out of the instant investment funds without obtaining approval from the Fund as of November 14, 2014, and did not deposit the sales of KRW 393,00,000 in the project management account, and transferred KRW 506,714,000 to a separate account in the name of E.

The Fund terminated the instant investment contract on the ground of the violation of its obligations under the instant investment contract, and claimed repayment of the instant investment money and interest. The intent of termination of the Fund reached E around November 17, 2014.

On February 25, 2015, the Fund of this case and E and the Incorporated Company for Public Administration (hereinafter “Public Administration”) (hereinafter “Public Administration”), instead of repaying KRW 510,00,000, out of the investment funds to be repaid to the Fund by E, the Fund of this case constitutes one’s own Fund.

arrow