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(영문) 인천지방법원 2020.01.17 2019가합52958
투자금 등 반환
Text

1. The defendant is either KRW 47,788,638, and KRW 202,927,2777 and the above KRW 47,78,638 and the above KRW 202,927,277.

Reasons

1. Basic facts

A. On March 15, 2018, the Plaintiffs and the Defendant entered into an investment agreement with the Defendant to sell and purchase shares under the name of the Defendant by investing funds, and to distribute or distribute profits therefrom, real estate, etc. according to the investment shares (hereinafter “instant investment agreement”). Pursuant to the said agreement, Plaintiff A paid KRW 50 million on March 16, 2018, and Plaintiff B paid KRW 100 million in total to each Defendant, respectively, on March 15, 2018 and April 2, 2018.

The joint investment contract (the investor A, the defendant, and the plaintiff B) shall prepare an investment contract related to the joint investment contract and shall comply with it in accordance with the principle of mutual trust as follows:

Article 1 [Purpose] The purpose of this Agreement is to re-investment in real estate, etc. or distribute profits generated by investing in stocks in accordance with the respective circumstances by withdrawing investments in accordance with the shares.

Article 2 [Definitions] The term "investment" means the operation of investments made by each person under Article 1 in the name of the defendant.

Article 3 [Investment Money] ① (1) 150,00,000 won in total 3,286,00 won in total 45,645 shares in total (3/3 shares in Plaintiff A, Defendant B, and Plaintiff B) ② 100,000,000 won in total 3,430 shares in total (3,430 shares in Defendant, Plaintiff B, and Plaintiff B), 30 shares in total (1,00,000 shares in total) on April 02, 2018, and the period of investment is not separately determined.

§ 4. [Distribution of Profits] ① Distribution of profits from such investment shall be allocated to its equity ratio at the time of sale.

3. The interim dividends or the above-mentioned investments shall be apportioned to the shares in which they have accrued special profits.

B. On April 2, 2018, the Plaintiffs and the Defendant drafted a joint investment contract to document the instant 1 investment agreement, and the main contents are as follows.

C. On August 21, 2018, Plaintiff B paid KRW 100 million to the Defendant.

The defendant, pursuant to the first investment agreement of this case, the plaintiffs above A.

The amount of KRW 150 million paid to the Defendant, as stated in the subsection (i.e., Plaintiff A KRW 50 million) and its total KRW 100 million.

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