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(영문) 서울중앙지방법원 2019.09.04 2019가합502216
투자금반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 500,000,000 and the interest thereon from December 1, 2017 to the date of full payment.

Reasons

1. Basic facts

A. A cooperative is an investment association established pursuant to the Special Act on the Development of Hub City of Asian Culture (hereinafter “the instant association”). Defendant C (hereinafter “Defendant C”) is a company that engages in the business of developing cartoons and cartoons, and Defendant D is the representative director of the Defendant Company.

B. On December 31, 2012, E Co., Ltd., a general partner of the instant association, concluded a contract for investment in an animation project (hereinafter “instant contract”) with the Defendant Company to invest KRW 500 million in the Defendant Company. Defendant D jointly and severally guaranteed the Defendant Company’s debt incurred when the contract is terminated. Of the terms of the instant contract, the part related to the instant case is as follows.

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to clarify the rights and obligations of “A” (the instant association), “B” and “interested parties (Defendant D) in selling and distributing profits from “originalimation” as stipulated in Article 2.

Article 2 (Subject Matter of Contract) 2D animation (TV), 26 x 12 - Their total production cost, C. C. the general supervision over the L.A., 436,00,000 won and the total production cost for the settlement of accounts in March 2013: Korea after April 2013: Article 8 (Rights and Duties) in the second half of the year 2013.

2. The rights and obligations of “B” must be used in the Gwangju metropolitan area by at least 80% of the amount invested from “A”. Article 15 (Termination and Rescission of Contracts)

2. “B” shall, without delay, inform “A” of the occurrence of the causes set forth in this paragraph, and “B” may immediately terminate this Agreement by giving written notice to “B” of the intention to terminate this Agreement without any additional grace period when any of the following causes arises:

12. A. “A.”

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