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(영문) 수원지방법원안양지원 2016.08.26 2016가단378
약정금
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1. The Defendants are jointly and severally liable to pay KRW 100,000,000 and the interest rate of KRW 15% per annum from February 19, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On October 4, 2013, between the Plaintiff and Defendant A, an agreed investment contract with the following content (hereinafter “instant investment contract”).

The Plaintiff (A) and the Defendant Co., Ltd. (A) enter into an agreement investment contract with each other as follows:

Article 1 (Purpose) This Agreement regulates all rights and obligations related to making a certain investment in the Home Shopping Broadcasting Business that is newly promoted by Section B.

Section 2 (Investment Method) Investment of A under this Agreement refers to cash investment and transaction between L/C and specific investment amount and profit-sharing shall be subject to each of the following paragraphs:

1. Investment amount;

(a) 80 thousand won;

(b) L/C transactions: 120,000,000 won;

2. Distribution of profits: Article 5 (Minimum Guarantee Money) of the first day of March 2014 (Investment: Cash Distribution by 50% of the amount of profit);

1.B shall ensure that no less than 50 per cent of the principal and investment cash of A at the time of termination of investments under this Agreement shall be made available.

2. Where the time of completing an investment has elapsed without any minimum guarantee under paragraph (1), B shall pay the shortage to A in cash within one month from the end of the investment.

3. Both parties shall make sure that the settlement of accounts for the distribution of investments and earnings is made in the presence of mutual participants at the time of termination of investment (the beginning of March 2014);

Article 8 (Waiver of Agreement)

1.The Parties shall be deemed to terminate an agreement on investment relations under this Agreement if their actual sales have been less than 50 per cent of the sales under this Agreement and have continued for not less than two months, and shall be notified in writing of each other.

B. The Plaintiff invested KRW 200,000,000 to Defendant B by November 28, 2013, and the Defendants drafted and provided the following payment note to the Plaintiff on February 20, 2014.

The above amounts are divided into KRW 100,000,000 on March 31, 2014, and KRW 80,000 on May 15, 2014, respectively until the above two installments.

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