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(영문) 서울중앙지방법원 2019.11.13 2018가합580790
약정금
Text

1. Defendant B and C shall jointly and severally serve as KRW 250,000,000 on the Plaintiff and as a result, from January 11, 2016 to November 13, 2019.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation established for the purpose of entertainment planning business, etc., Defendant C is the representative director of the Defendant Company, and Defendant D is the inside director of the Defendant Company and Defendant C’s wife.

B. On September 8, 2017, Defendant C was sentenced to imprisonment with prison labor for and for one year and six months for the following facts constituting the crime (hereinafter “instant judgment”) by the Seoul Central District Court Decision 2017Gohap73, Sept. 8, 2017.

(A) On January 10, 2014, Defendant C provided that, at the E office operated by the Plaintiff, Defendant C may impose a large amount of money upon the Plaintiff’s investment in the FT, and the Plaintiff may impose a large amount of money upon the Plaintiff’s sale of cosmetics. The Plaintiff would settle the amount of investment every quarter and provide 18% of operating income. The amount of KRW 250 million shall be the F’s company and the remainder KRW 250 million shall be given to G in the form of money.”

B) Accordingly, the Defendant Company and the Plaintiff engage in the Frante sales business between the Plaintiff and the Plaintiff (hereinafter “instant business”).

(2) The contract with the purport that a total of KRW 50 million shall be invested in the name of the Defendant Company, and the remaining KRW 250 million shall be loaned under the name of the Defendant Company, and that, in the total sales, a total of KRW 250 million shall be repaid with a total of KRW 250,000 and KRW 250,000 shall be repaid with a total of KRW 250,000 and KRW 250,000 shall be paid with a total of KRW 250,000,000,000 with a total of KRW 250,000 and shall thereafter be paid with 18% of the operating profit (hereinafter “instant investment contract”).

(C) However, even if Defendant C received an investment of KRW 500 million from the Plaintiff, it was the intent to use only part of them for the instant project, which is KRW 250 million, and the remainder was the thought to be used as personal debt repayment and gambling funds. Defendant C, as such, deceiving the Plaintiff as such, thereby making an investment from the Plaintiff.

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