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(영문) 서울중앙지방법원 2017.07.06 2017가단5065551
투자금반환 및 투자약정해지요구
Text

1. The defendant shall pay 169,800,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On December 11, 2014, the Plaintiff entered into a monetary loan agreement (hereinafter “instant loan agreement”) with the Defendant (hereinafter “instant loan agreement”) and the part relating to the instant case is as follows.

The borrower of this loan: Defendant 1, the borrower, who is the above borrower, shall be granted the above loan from the lender and draw up this contract.

2. The due date for the above loan shall be fixed on December 10, 2015;

c.The interest on the loan will be 2 per cent per month.

6. If the principal is repaid halfway at the request of the lender, the interest which has been paid during the contract period shall be considered to be returned; and

B. On March 18, 2015, the Plaintiff entered into an investment agreement with the Defendant (hereinafter “instant investment agreement”) and the part relating to the instant case is as follows.

Investor: Amount invested by Defendant: KRW 2,000,000,000 (Investment Money and Profit Distribution)

1. The deadline for concluding an agreement on the investment fund shall be one year from the date on which a business operator receives the investment fund;

2. A business entity shall pay to investors 2 per cent (2%) of the monthly amount of monthly investment with dividends in accordance with its investments.

3. If the period of an investment agreement expires, the business entity shall repay the investment money to investors immediately after the expiration of such period.

However, if an investor fails to request the repayment of the investment amount with his/her signature from the business operator one month before the expiration of the period of the investment agreement, the period of the investment agreement shall be automatically extended by one year.

Article 3 (Risk of Loss of Investment Funds)

1. If it is found, through consultation between the business entity and the investor, that the business entity falls under any of the following subparagraphs, the business entity may withhold the redemption of its profits, dividends, and investments upon the expiration of the commitment period:

(1) Where the profitability of the business invested by a business operator is considerably poor, (2) The distribution of dividends according to the agreed ratio and the payment of investment funds, etc. requested to be repaid due to the expiration of the investment period.

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