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(영문) 서울북부지방법원 2016.11.10 2016가합20682
양수금
Text

1. The Defendants jointly and severally against the Plaintiff A, KRW 142,172,30, and KRW 54,698,860, and KRW 45,628,840, and KRW 45,628,840, respectively.

Reasons

1. Facts of recognition;

A. On November 2, 2015, G Co., Ltd. (hereinafter referred to as “Company G”) entered into an investment contract with the Defendants (hereinafter “instant investment contract”) with the following content.

The Investment Contract and the Investment Bank Co., Ltd. (hereinafter referred to as the "A") and the Investment Bank Co., Ltd. (hereinafter referred to as the "B") shall enter into a contract in order to jointly distribute profits arising from the management of the Investment Bank Co., Ltd. E/F:

[Article 1] (A, B, and C’s Investment Obligations) A provides investment funds necessary for management (60 million won) and deposit the down payment of KRW 152 million on November 2, 2015 on the first day of November 2, 2015, and the balance of KRW 448,000,000 shall be invested in the E/F by mutual consultation.

The shares of Gap, Eul, and Byung shall be 50%:50%, and all rights shall be operated jointly.

The investment period of 100 million won on December 5, 2015 100 million won on the day of February 5, 2016 100 million won on the day of February 5, 2016 100 million won on the day of March 5, 2016, 48 million won on April 5, 2016, but shall be re- coordinated upon the occurrence of existing contingent liabilities and losses in future management.

[Article 7] (Liability A, B, and C for Loss) If Party A and B suffered loss due to the operation of the above business, Party A and Party B must pay for the share, and Party B must pay for the share.

Provided, That up to the completion of the investment obligation, A shall be exempted from the repayment of the common loss.

1. The security for an investment bond (60 million won) shall be the security deposit for B and C;

Matters concerning the transfer of deposit shall be prepared by a separate contract.

2. A shall not be fully liable for the obligations of B and C before the completion of the investment contract.

B. On November 5, 2015, G and the Defendants entered into an agreement on the assignment of claims for the purpose of securing investment funds pursuant to paragraph (1) of the terms and conditions of the instant investment agreement, and the key contents thereof are as follows.

Creditors of a contract for assignment of claims.

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