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(영문) 서울중앙지방법원 2018.02.02 2017가합558383
기타(금전)
Text

1. The defendant has to the plaintiffs each stated in the "total amount of money for the claimant" in the annexed sheet, and on October 8, 2016 as to the money.

Reasons

1. Basic facts

A. The Defendant: (a) around February 2008, established D Co., Ltd.; (b) around October 2014; (c) established overseas corporations from around September 2010; and (d) carried out business activities, such as FX M&C brokerage business; and (d) Shepher gas investment business, etc.

(hereinafter referred to as “FX M&C business, etc.”). B.

The Plaintiffs entered into each investment agreement with the Defendant to invest each money stated in the “investment amount” column of the “investment amount” column of the attached table of claim amount (hereinafter “instant investment agreement”) with respect to the FX M&D business, etc. on each of the pertinent dates, and paid each of the above investments to the Defendant on the same day.

C. Each investment agreement prepared by the Plaintiffs and the Defendant at the time of the instant investment agreement provides for the termination of the contract as follows, or in addition to the following contents, stating that “Where a business operator is unable to perform his/her duties for at least six months due to the detention of the business operator, the investor may give notice of termination to the business operator, and the business operator shall refund the full amount of the investment amount to the investor (Article 4(3)2(c) by the end of the following month from the date

Article 4 [Termination of Contract] (1) An investor may terminate this contract by giving written notice to a business operator even before the expiration of the contract period.

(2) If an investor terminates this investment contract pursuant to the above paragraph (1), the business entity shall pay to the investor the remaining money after deducting the dividends and termination fees paid from the investment money within ten business days from the date on which the investor receives a request for termination.

After receiving each of the above investments from the Plaintiffs, the Defendant did not pay monthly dividends to be paid from September 5, 2016.

E. The Defendant’s business revenue deposited from a foreign corporation to a domestic account from September 2, 2016 after the Defendant continued the FX M&C business.

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