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(영문) 대구지방법원 2018.12.20 2018가합204682
지원보증금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 22, 2003, the Plaintiff entered into the following agreement (hereinafter “the instant agreement”) with the Defendant, a company operating a tourist hotel business, casino business, etc. (the Plaintiff was “C,” and its trade name was changed to “C,” on February 9, 2006, and changed to the current trade name on February 1, 2010), whereby the Plaintiff would make an investment of KRW 1 billion in relation to the Defendant’s operation of casino exchange (hereinafter “instant agreement”). At that time, the Plaintiff received 5,000 shares (hereinafter “instant shares”) of the Defendant, which were owned by E, as security, from the Defendant’s representative director E at that time, and paid KRW 1 billion to the Defendant as security deposit for support under the said agreement.

Financial Assistance Agreement

1. Objectives: The purpose is to facilitate the operation of money exchange and provide financial support to the plaintiff, and the plaintiff and the defendant make a mutual profit pursuit.

2. Period: From September 25, 2003 to September 24, 2004;

(12) The Convention shall be deemed to have been automatically extended on a 12-month basis unless a mutual notice of intention of termination is given 30 days before the expiration date.

3. Support deposit: The plaintiff shall deposit KRW 1 billion to the defendant, and the deposit shall be interest-free.

4. Profits: The calculation method of the Plaintiff’s profits shall be determined by the Defendant as the Plaintiff’s profits from the exchange and re-transfer of foreign currency in accordance with foreign exchange management regulations.

5. Time of payment: The defendant shall pay the proceeds of the preceding month to the plaintiff by the tenth day of each month.

6. Termination of the agreement: In cases where the plaintiff and the defendant intend to terminate the agreement in accordance with their respective circumstances, they shall notify in writing the intention to terminate the agreement one month prior to the termination thereof.

(The defendant shall return the deposit to the plaintiff within one month after the contract is terminated). (b)

On the other hand, the defendant applied for the commencement of composition procedures to the Daegu District Court on July 28, 2005 and started and proceeded with it under the Daegu District Court 2005 U.S. 4 on January 11, 2006.

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