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Reasons
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(영문) 대구지방법원 2017.01.12 2015가합204148
투자금반환등 청구의 소
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 12, 2014, Defendant Company is a company established on August 12, 2014 for the purpose of constructing and operating a hostel on the land outside C and nine parcels (hereinafter “instant hostel business”).

B. On the corporate register of the defendant company, D, E, F, G, and H are listed as internal directors of the defendant company, I are listed as auditors, and G as representative directors, respectively.

C. On August 25, 2014, the Plaintiff entered into a fund investment contract (hereinafter “instant investment contract”) with the purport that the Defendant Company and the Plaintiff shall invest KRW 250 million in the Defendant Company, and the Plaintiff shall make an investment in KRW 250 million, and the profits shall be KRW 150 million in the amount of the investment and the profits shall be KRW 400 million on February 25, 2015, and the main contents thereof are as follows.

An investor A (hereinafter referred to as the "A") of the fund investment contract and a beneficiary corporation B (hereinafter referred to as the "B") shall enter into a fund investment contract as follows:

Article 2 [Investment Matters] A shall pay to B KRW 250 million in cash.

Article 3 [Return on Investment] (1) Eul shall pay part of the investment amount of Eul and immediately pay 20% of the shares of Eul's company.

(2) Eul shall be paid 150 million won to Gap, excluding the amount of tax equivalent to a specific amount of dividends.

Article 4 [Recovery of Funds] (2) The amount of investment and earnings shall be paid on February 25, 2015, which is the estimated date of the completion of the main project of Eul.

Article 11 [Special Provisions] In addition to the General Provisions above, A and B shall determine the following matters as special terms and conditions, and if the special terms and conditions conflict with the main sentence, they shall prevail over the special terms and conditions:

1. He shall designate a J as the agent of B representative director G;

2. To act as an agent in a lump sum for contracts and legal services.

3. (Omission)

D. At the end of the instant investment contract, the seal imprint of the Defendant Company is affixed thereto.

E. The Plaintiff’s investment contract of this case was KRW 20 million on August 27, 2014, and the same year.

9.3.15 million won, and the same year;

9.17.35 million won.

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