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(영문) 서울고등법원 2019.05.08 2018나10496
투자반환금 청구의 소
Text

1. The part of the judgment of the court of first instance as to the plaintiff (appointed party) and the appointed party C shall be revoked.

2. The plaintiff (appointed party).

Reasons

Basic Facts

B A around February 2008, Y Co., Ltd. was established on or around October 2014, and M Co., Ltd. was established on or around September 2010, and the FX M Co., Ltd was established from around September 2010 to run business such as FX M Co., Ltd. (hereinafter “instant business”).

The Plaintiff (Appointed Party) and the appointed Party C entered into an investment agreement with the content that they will invest each of the money stated in the “investment amount” column of the “investment amount” column of the attached Table of Investment Details with respect to the instant project on the corresponding date (hereinafter “instant investment agreement”), and paid each of the said investments to B.

The main contents of each of the instant investment agreements are as follows.

(However, Article 4(3) is not stated in a personal investment agreement dated October 21, 2015 of the Selection C. Article 1 [The purpose and purpose of investment] The funds invested by an investor shall be used for any of the following parts in accordance with the business judgment of B:

(1) Domestic and foreign companies in which B is the representative director at the time of investment (2) even if B is not the representative director at the time of investment, and even if B is not the representative director at the time of investment, the majority of the equity shares of that company is substantially the equity shares of B (including cases where B has the substantial authority over the relevant equity shares, even if there is no shareholder name B), and (3) Article 2 [investment and dividend] (1) The term of an agreement on investment deposit agreement shall be one year from the date on which B receives the investment deposit.

(2) B shall be paid to investors 2% per month of their monthly investments with dividends accruing from their investments.

However, the amount of dividends may be adjusted through consultation with investors.

(3) If the period of an investment agreement expires, B shall repay to investors immediately after the expiration thereof.

However, if an investor does not request in writing B to redeem the investment amount one month before the expiration of the period of the investment agreement, the period of the investment agreement.

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