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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Basic facts
A. B: (a) around February 2008, around October 2014, Company D Co., Ltd. was established; and (b) around September 2010, Company E Co., Ltd was established; and (c) established a foreign legal entity and carried out a business such as FX M&C brokerage (hereinafter “instant business”).
B. The Plaintiff and the designated parties (hereinafter referred to as “Plaintiffs”) entered into an investment agreement with B to invest each of the money indicated in the “investment amount” column of the “investment amount” column of the “agreement date” column of the “Agreement” list of the bond details sheet with the attached sheet (hereinafter referred to as “instant investment agreement”) on the corresponding date, and paid each of the said investments to B on the same day. The key contents are as follows:
(Partial Investment Agreements are deleted Article 4(3). Afterward, B paid each of the money stated in the “amount of interest” column in the attached Form No. 1 to the Plaintiffs as profits from the said investment.
Article 1 [Purpose and Purpose of Investment] Funds invested by an investor shall be used in any of the following sections in accordance with B's business judgment:
(1) Domestic and foreign companies in which B is the representative director at the time of investment. (2) Even if B is not the representative director at the time of investment, if a majority of shares of the company is the shares of B, the shares of which are the shares of B.
(2) B shall pay to investors 1% per month the monthly amount of monthly investment with dividends accruing from investments.
However, the amount of dividends may be adjusted through consultation with investors.
(3) If the period of an investment agreement expires, B shall repay the investment money to investors immediately after the expiration thereof.
However, if an investor fails to make a written request for the repayment of investment funds to B one month before the expiration of the period of the investment agreement, the period of the investment agreement shall automatically.