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(영문) 서울중앙지방법원 2019.07.18 2019가합86
대여금 청구의 소
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000 as well as KRW 4,000 per month from February 11, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff, around February 11, 2013, delivered KRW 200 million to Defendant B Co., Ltd. (hereinafter “Defendant Company”), and KRW 100 million around March 11, 2013, respectively. In this regard, around March 11, 2013, the Plaintiff entered into a contract that includes the following (hereinafter “instant contract”). Defendant C, D, E, F, and G, a director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s obligation arising under the instant contract.

This Agreement is an investment contract between the Defendant Company (hereinafter “A”) and the Plaintiff (hereinafter “Plaintiff”) and the Plaintiff (hereinafter “Plaintiff”). It is mutually aware that “A” is a condition under which final profit is paid to B, and the terms of the investment are as follows:

Article 1(1)(B) becomes mutually aware that the investment contract for A is an investment contract for A. 2) B pays 300 million won to A.

Article 2 (Investment Amount) B shall be invested to A under an investment contract for security deposit as follows:

Article 3 (Payment of Investment Proceeds) A of the total amount of deposit 300 million won investment funds of KRW 300 million shall be paid KRW 5 million per month to B.

The payment date shall be by the 10th day of each month, and shall be deposited into the bank account designated by Dong.

Article 4 (Term of Contract) The term of validity of this Agreement shall be guaranteed for one year from the date of conclusion of this Agreement, and may be automatically extended one year by mutual agreement between A and B three months before the expiration of the term.

A and B shall be deemed to have been automatically extended for one year when there is no notice of termination by the end of the contract period.

Section 7 (Treatment after Termination of this Agreement) After the termination of this Agreement, A shall perform the following obligations:

2) Where Party B expressed his/her intent to cancel the contract within the contract period, Party A shall refund the amount invested within 90 days from the date of notification without any additional penalty. Article 11 (Matters of Special Agreement) Party A shall refund the full amount of the amount invested unless Party B complies with the matters of Article 3.

B. The Defendant Company is between the Plaintiff and the Plaintiff.

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