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(영문) 서울중앙지방법원 2016.04.01 2015가합546416
투자금 상환 청구의 소
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,063,647,062 as well as the interest rate from November 18, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is an agriculture and food investment association organized pursuant to the Act on the Formation and Operation of Agricultural, Fisheries and Food Cooperatives, and is engaged in the business of investing in agricultural, fisheries and food enterprises meeting certain requirements.

B. Defendant A farming association corporation (hereinafter “Defendant A”) is an incorporated farming association corporation established pursuant to the Act on Fostering and Supporting Agricultural and Fisheries Enterprises, which engages in the production, shipment, and distribution of excreta without delay.

Defendant B is the representative director of Defendant A.

C. On March 14, 2014, the Plaintiff entered into a contract with Defendant A and the Plaintiff to invest KRW 1.4 billion in Defendant A (hereinafter “instant investment contract”). Defendant B, as an interested party, agreed to jointly perform the Plaintiff’s obligation under the instant investment contract.

On March 17, 2014, the Plaintiff deposited an investment amount of KRW 1.4 billion (hereinafter “instant investment”) with a project management account (a bank account newly established in the name of the Defendant A in order to clarify the investment amount, sales amount, and the receipt and withdrawal of project investment expenses arising from the instant investment project).

The outline of this project, which is the project subject to this contract, section 10 (subject project) of the Investment Contract for the Business of the Small and Medium Enterprise Distribution Project, shall be as follows:

(1) Object of project investment: Investment amount in the distribution business of leaves-based sources of products. (2) Investment amount: Investment amount (Plaintiffs and hereinafter the same shall apply) shall be the investment company (Defendant A and hereinafter the same shall apply) in collaboration with the investment company for the project and the direct and indirect expenses related to the distribution of the purchased source of products.

1. The total investment amount in the project: 2. The investor: the sum of the two hundred billion won (Won 2,000,000,000): the sum of gold billion (Won 1,400,000,000): 3. The investment enterprise (joint investors): the sum of gold billion (Won 600,000,000): Article 11 (Rights and Obligations) of the Balance (Won 600,000,000) (2) The investment enterprise shall have the following rights and obligations in relation to this contract:

1.The Investment Enterprise shall be this case.

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