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(영문) 창원지방법원 2018.03.09 2016가단15672
정산금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 16, 2013, the Plaintiff entered into a joint fund investment agreement with the Defendant and C (hereinafter “instant investment agreement”). The main contents of the instant investment agreement are as follows.

[Joint Fund Investment Contract] The "Joint Fund Investor" (C, the defendant, the plaintiff) and the "beneficiary of the Fund (Dfranp Headquarters: Representative C) enter into a joint Fund Investment Contract as follows:

Article 1 [Purpose] The purpose of this Agreement is to provide for the content that joint fund investors jointly invest funds and distribute profits therefrom in the business run by a “fund recipient”.

Article 2 [Investment Matters] Joint Financial Investor shall invest a total of KRW 173,768,960 in cash for the opening and operation of E-stores, and shall jointly invest KRW 10,000,000 in each amount of store lease and KRW 57,92,987 in each amount of operation including interior, and details of each investment and deposit shall be as follows:

1) Advance payments: 15,00,000 won - Cash 2) intermediate payments: 15,000,000 won - Cash 3 on June 15, 2013: 27,922,987 won - Cash 3 on June 30, 2013 - Article 3 [Return on investment] of the Act

1. The joint fund investors shall pay 3.3% of the equity interest in E- Point operated by the fund recipient at the same time as the balance of the investment funds is deposited upon the conclusion of this contract.

2. The Fund recipient shall submit a settlement of accounts to the joint fund investors on the 10th of the following month after the settlement of accounts for each month (in the case of July 2013, the amount invested shall be included in the amount invested, and from August) operated by the Fund recipient upon the conclusion of this contract, and pay 25% of the net income in cash on the 15th of the following month.

Article 6 (Recovery of Funds)

1. Joint financial investors may not recover funds for a period of three years from the date of investment.

However, even during the period of prohibition of recovery, where damage is likely to occur due to delay in the collection of funds due to the apparent reason for the management of the recipient of funds.

Article 10 (Matters of Special Agreement)

1. Expenses for establishment shall be settled after completion of work;

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