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(영문) 서울중앙지방법원 2019.09.26 2017가합29908
투자반환금 청구의 소
Text

1. Each of the instant lawsuits shall be dismissed by the Appointor D and E.

2. The Plaintiff (Appointed), the Appointed F, G, H, I, J, K, L.

Reasons

1. Basic facts

A. B: (a) around February 2008, U.S. Co., Ltd. was established around October 2014; and (b) around September 2010, established a foreign corporation and run a business such as the FX M&C brokerage business (hereinafter “instant business”); (c) invested in the instant business, there was an invitation of investors by paying the agreed revenue and returning the invested principal.

B. The Plaintiffs concluded each investment agreement to invest each of the money stated in the “investment amount” column in the “investment amount” list in the attached Table with respect to the instant business (hereinafter “each of the instant investment agreements”) and paid each of the pertinent investment amounts to B between October 7, 2014 and July 29, 2016. The main contents are as follows.

(Partial Investment Agreements are deleted Article 4(3). Afterward, B paid each of the money indicated in the “profit” column in the attached Form of Claim Statement to the Plaintiffs as the profit from the said investment.

Article 1 [Purpose and Purpose of Investment] Funds invested by an investor shall be used in any of the following sections in accordance with B's business judgment:

(1) Domestic and foreign companies in which B is the representative director at the time of investment. (2) Even if B is not the representative director at the time of investment, if a majority of shares of the company is the shares of B, the shares of which are the shares of B.

(2) B shall make an agreement 1% (1%) of the monthly amount of monthly investment to investors with the dividend from the investment funds, on the rate of 2% per month.

However, the amount of dividends may be adjusted through consultation with investors.

(3) If the period of an investment agreement expires, B shall repay the investment money to investors immediately after the expiration thereof.

However, to B one month prior to the expiration of the period of the investment agreement.

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