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(영문) 서울중앙지방법원 2016.08.31 2015가단5215024
기타(금전)
Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000, and KRW 20% per annum from September 19, 2014 to September 30, 2015, and complete payment from the next day.

Reasons

1. Basic facts

A. On July 3, 2013, the Plaintiff entered into an agreement to invest KRW 70,00,000 in the non-party Co., Ltd. (hereinafter “non-party Co., Ltd.”) registered as an internal director (hereinafter “non-party Co., Ltd.”), and paid the investment by August 31, 2013. The main purpose of the agreement is to clarify the rights and duties relationship between the Plaintiff and the non-party Co., Ltd. upon investing in the management of the non-party Co., Ltd. (hereinafter “non-party Co., Ltd.”).

Article 2 (Requisite for Investment) The Plaintiff may first demand the Non-Party Company to meet the following conditions for investment under this Agreement, and if such conditions are not satisfied, this Agreement shall not be concluded and shall be reversed:

1. Preservation of principal of the investments (the time of repayment of the investments shall be determined by mutual agreement);

2. Investment proceeding - Primary Investment: Interest at the rate of 5% of the investments shall be paid to the Plaintiff for three months after the contract.

-2. Investment: On the expiration of a three-month repayment period, it shall be determined by an agreement between the two.

3. The Plaintiff shall carry out director positions after the contract, and play a role in transferring all domestic and foreign business contracts, advertisements, marketing, etc.

4. The non-party company bears all other expenses, such as oil, communications, etc. arising from the plaintiff's business activities.

Article 3 (Payment of Investment Money) (2) The principal of investment amount shall be returned even in cases where a contract cannot be concluded because Eul fails to satisfy the conditions on the premise of investment.

Article 6 (Use and Accounting Handling of Investment Funds) The non-party company will use the Plaintiff’s investment funds only for the business purpose of the company, and will not lend them to a third party without the Plaintiff’s prior consent.

(b).

The non-party company shall not pay interest of KRW 10,500,000 for the three-month period, as otherwise stipulated in the above contract (3.5 million per month) to the plaintiff.

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