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(영문) 대전지방법원 2019.09.18 2018가단17997
투자금반환
Text

1. As to KRW 35,400,000 and KRW 30,000,000 among the Plaintiff, Defendant C shall pay to the Plaintiff the interest rate from August 1, 2018 to the day of full payment.

Reasons

1. Basic facts

A. On July 13, 2017, the Plaintiff entered into an investment agreement with Defendant C (hereinafter “instant investment agreement”) with the content that the Plaintiff invests KRW 30 million in the Defendant Association (hereinafter “Defendant Association”) (hereinafter “instant investment agreement”). Of them, the relevant part of the agreement is as follows.

A (hereinafter referred to as the "A") and the President C (hereinafter referred to as the "B") of the Association located in the second floor, Bupyeong-gu, Incheon E-2, shall enter into a contract with respect to the cash investment of "A" for the stabilization and development of the management of "B" as follows:

- Sound - Article 1 (Investment Obligations of “A”) “A” shall invest “B” in the following terms:

(1) by July 17, 2017, in cash an investment of KRW 30,000.

Article 2 (Duties of “B”)

1. “A” shall be registered as a director of “B”’s association upon completion of the investment obligation under Article 1(1).

2. “B” shall report from time to time to time on the content of the project in question, the important decision-making and the overall status of the work in question, and shall report in writing at the end of each month the above-mentioned content.

3. “B” shall also perform the same obligation on the delegating person delegated by “A” with respect to the content related to Article 2(2).

Article 3 (Guarantee of Stability of Investment Funds) The term “B” shall certify an investment agreement as a measure to ensure the stability of the investment funds of “A”, and shall prepare a separate certificate of borrowing of the funds referred to in Article 1 in the same manner as that of “A.”

Article 4 (Minimum Period of Investment Management)

1. The term of validity of this Agreement shall be from August 1, 2017 to July 31, 2018.

2. The contract shall be deemed automatically extended once a year under the same conditions, unless one of the notification of the termination of the contract is given one month prior to the expiration of the period under paragraph (1).

Article 5 (Interest and Investment Interest) “B” shall be monthly to “A”.

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