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(영문) 서울중앙지방법원 2018.09.20 2016가합544110
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C’s KRW 20,000,000 and for this, KRW 5% per annum from May 14, 2012 to March 9, 2015.

Reasons

1. Basic facts

A. On April 6, 2011, the Plaintiff asserts that the contracting party to the instant investment agreement is Defendant C, but it is reasonable to deem that the Plaintiff is Defendant D, as seen below, as seen in the Defendant D (hereinafter “D”) that the Plaintiff engaged in the business of producing and supplying broadcast programs.

B. The Plaintiff invested KRW 300 million to Defendant D, and Defendant D entered into an investment agreement (hereinafter “instant investment agreement”) with the content that the Plaintiff pays profits according to the Plaintiff’s equity ratio in the event that the Plaintiff produces the drama (hereinafter “instant drama”) as “E” and gets profits therefrom.

(A) Nos. 3, 13, b.

Defendant B, around April 21, 201, prepared a letter on the investment agreement of this case and sent the e-mail accompanied by the said letter to the Plaintiff, as follows:

(A) Each letter No. 9 and 10 No. 10) is the case concerning the “F Rome Production Investment (hereinafter referred to as “this case”) signed between the G representative director A (hereinafter referred to as “A”) and the D representative director C (hereinafter referred to as “B”) on October 00, 201.”

I would like to make a proposal to A, and I would like to believe B of 300 million won of the investment amount of 300 million won (excluding added tax) and to guarantee B of this case and the investment amount with the knowledge of the fact of making an investment. If B is unable to recover the investment amount due to a bad condition, B would be able to repay the full amount of the investment amount as the principal guarantor.

C. 1) The Plaintiff is a bank account in the name of Defendant D with an investment deposit under the instant investment agreement, which is KRW 30 million on April 7, 2011, KRW 170 million on April 22, 201, and KRW 200 million on a total of KRW 20 million (hereinafter referred to as “the primary investment deposit”).

(B) Defendant C paid the amount of KRW 200 million (Evidence A No. 14, November 9, 2015) (the result of our bank’s response to the bank as of November 9, 2015).

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