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(영문) 서울중앙지방법원 2018.05.25 2017가합524427
투자금 및 투자배당금 청구의 소
Text

1. The Plaintiff:

A. Defendant B shall be KRW 8,00,000,000 and the interest rate of KRW 15% per annum from May 2, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Defendants, as married couple, are the representative director (Defendant B) and in-house directors (the Defendants) of Company D (hereinafter only referred to as “D”) that operates franchises, distribution business (agricultural products, food materials, etc.).

The Defendants also operate a mutual franchise business called “E”.

B. On July 30, 2012, the Plaintiff and the Defendants drafted a written confirmation of investment dividends (hereinafter “instant primary confirmation”) with the following content.

The above confirmation seal imprints Defendant B’s seal imprint, but Defendant C’s seal imprint is not affixed with a seal imprint and the so-called “C” name is affixed with a seal imprint affixed.

In addition, the above confirmation letter is accompanied by the defendants' certificate of personal seal impression issued on June 29, 2012, each of the above certificates of personal seal impression stated that "investment dividend confirmation" can be stated as "investment dividend confirmation" in the remarks column, and the middle of the defendant B's certificate of personal seal impression is affixed between the defendant B and the defendant C's certificate of personal seal impression is affixed between the defendant C's unmanned seal impression in the middle.

Investor: Borrowinger: B (Resident Registration Number) Address: Borrowinger of Daegu F apartment G: C (Resident Registration Number) Dong joint and several sureties: D and E

1. On May 2, 2012, the borrower and the joint and several suretiess mentioned above receive from the above investor A an amount of KRW 500,000,000 (Won 500,000,000) in total, from the investor, one gold of KRW 10,000,000,000 in cash and paid dividends as follows.

The amount of investment vehicle KRW 500,000 (Won 500,000,00) + The amount of monthly dividend, performance, and merit reward x 31 months x the total amount of KRW 1,275,000,000 (Won 1,275,000,000), including the sum of KRW 1,275,000,000,000, shall be paid to investors A as a dividend, performance, and merit reward on December 1, 2014.

2. On July 30, 2012, the borrower and the joint and several suretiess mentioned above shall further be J-K cashier's checks from the said investor A.

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