(영문) 서울중앙지방법원 2017.11.28 2016가단5190504

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(영문) 서울중앙지방법원 2017.11.28 2016가단5190504

투자금반환

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 71,561,00 and Defendant C with respect thereto from August 27, 2016, and Defendant B.

Reasons

1. Basic facts

A. On August 29, 2011, the Plaintiff entered into the instant investment contract (hereinafter “China Copyright Project”) and the content copyright agreement between Defendant B and the Plaintiff and the Plaintiff, respectively, (hereinafter “China Copyright Project”).

(3) The term “investment contract of this case” refers to an investment contract under which the principal shall be guaranteed (hereinafter “instant investment contract”) by August 30, 2011.

(2) The agreement on the distribution of profits and the principal of investment under the instant investment contract was concluded, and the Defendant C agreed to jointly assume the obligations of Defendant B under the said contract. (2) The agreement on the allocation of profits and the principal of investment under the instant investment contract is as follows.

Article 4 (Guarantee for Distribution of Profits and Principal of Investment Funds)

1. Defendant B shall distribute 3% of the total amount of generated sales to the Plaintiff as profits.

4. The defendant shall guarantee the principal of the plaintiff's investment under Article 3.

5. The term “guarantee of principal of investment” under Article 4(4) means that the principal of the Plaintiff’s investment shall be preferentially paid in cases where the sales have occurred through the business, and that the Plaintiff’s investment principal shall be paid by August 30, 2012 in cases where the total amount of the Plaintiff’s investment principal has not been paid through the sales through the business until August 30, 2012.

6. The due date of payment in this Article shall be observed accurately and shall be paid in addition to additional charges of delay of 0.1% per day for the payable amount if the due date is delayed.

B. On November 28, 2011, the Plaintiff entered into the instant loan agreement and repaid 1) the content copyright business related to Defendant B and F Content storage business and G/H, etc. (hereinafter collectively referred to as “China portrait business”).

(2) The loan agreement of this case (hereinafter referred to as “the loan agreement of this case”) to make an investment of KRW 50,000,000.

(2) The agreement on the allocation of the proceeds of the loan agreement of this case and the guarantee of the principal of the borrowed amount is as follows.

Article 4 (Return of Principal of Loans)

1. Defendant B is the Chinese portrait project.

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