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(영문) 수원지방법원 2017.02.16 2015가단122033
투자금반환
Text

1. The Defendant’s payment of KRW 121,00,000 to the Plaintiff and KRW 100,000 among them shall be as of the end of each month from July 2015 to the end of each month.

Reasons

The Plaintiff made an agreement with the Plaintiff on July 21, 2008, including KRW 100 million, and KRW 100 million on July 29, 2008, and KRW 570 million, to the effect that the Plaintiff is a shareholder holding 140 shares equivalent to 20% of the shares issued by the Defendant issued by the Plaintiff. The Defendant’s former director C shall pay dividends to the Plaintiff on April 23, 2013, “if profits accrue in 2013, and if losses occur, it shall deposit KRW 1.5 million each month from January 2014, but the Defendant did not pay dividends in 2013, the Defendant’s joint representative D, E, and former C shall pay the Plaintiff an investment amount of KRW 100,000,000 to the Plaintiff from January 23, 2013, and the Plaintiff shall pay the Plaintiff the investment amount of KRW 1.500,000,00 to the Plaintiff by December 30, 2013.

“Preparation and delivery of a written statement to the Plaintiff. The Defendant did not pay KRW 1.5 million per month from May 2014 to the Plaintiff according to the above written statement, and the fact that the investment amount was not paid KRW 100 million is recognized in accordance with the purport of the written evidence No. 1-4 and the entire pleadings.

In accordance with the above facts, the Defendant is obligated to pay to the Plaintiff KRW 121,00,000 per month the sum of KRW 100,000,000,000,000,000 per month, which is the amount equivalent to the Plaintiff’s investment, and KRW 1,50,000,000 per month from May to June 2015, 2015, and until the said amount of KRW 100,000,000,000 per month, as agreed in the above letter.

Therefore, the argument of the cause of the claim in this case is with merit.

Therefore, the plaintiff's claim of this case is accepted.

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