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(영문) 수원지방법원안양지원 2019.08.22 2018가합676
약정금
Text

1. The Plaintiff, Defendant D shall be KRW 825,00,000, and Defendant C shall be KRW 500,000,000 among the above amounts per each of Defendant D and each of them.

Reasons

1. Facts of recognition;

A. On July 7, 2008, the Plaintiff received a proposal from Defendant C to make investments in Company E, and entered into an investment agreement with Defendant C (hereinafter “the first agreement”) under the name of the Plaintiff’s Intervenor (hereinafter “Supplementary Intervenor”). The main contents are as follows.

1. The supplementary intervenor shall cooperate with the defendant C to purchase, sell and manage shares by making use of the account after depositing KRW 500,000,000 in the securities account;

4. Defendant C’s account management by the Intervenor

When principal loss occurs inevitably, Defendant C shall be responsible and guaranteed for the principal of the subsidized intervenor.

Other: By September 11, 2008, the amount including the purchase amount of shares, the amount of loss, and the amount of guarantee income shall be compensated as a reserve key until September 11, 2008.

B. In accordance with the instant first agreement, the Plaintiff deposited KRW 100,000,000 on July 8, 2008, and KRW 200,000,000 on July 9, 2008, and KRW 140,000,000 on July 28, 2008, respectively, in the modern securities account in the name of the supplementary intervenor, and the Defendant C purchased shares of E using the said account.

C. On August 12, 2008, the Plaintiff received a proposal from Defendant C to make additional investments to E, and entered into an investment agreement with Defendant C (hereinafter “instant second agreement”) under the name of the Intervenor. The main contents are as follows.

1. The supplementary intervenor shall cooperate with the defendant C to purchase, sell and manage shares by making use of the account after depositing KRW 100,000,000 in the securities account;

4. Defendant C’s account management by the Intervenor

When principal loss occurs inevitably, Defendant C is responsible and guaranteed for the principal of the assistant intervenor.

Pursuant to the instant agreement 1 and 2, the Plaintiff deposited KRW 120,000,000 in the single investment securities account in the name of F, which is the Plaintiff’s seat, and Defendant C purchased shares of Company E using the said account around August 14, 2008.

E. Defendant D’s principal under the instant 1 and 2 agreement to the Plaintiff on November 5, 2008.

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