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(영문) 수원지방법원 2017.07.18 2016가단528386
약정금
Text

1. The Plaintiff:

A. The Defendants each share KRW 154,000,000, and Defendant B Co., Ltd. with respect thereto from April 22, 2013.

Reasons

1. Determination as to the defendants' claim for the return of investment funds

A. The facts of recognition (1) Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) are companies that develop, manufacture, and sell LED lighting products, and Defendant C is a person who has been engaged in attracting investment on behalf of the Defendant Co., Ltd.

(2) Upon receiving Defendant C’s investment recommendation, the Plaintiff remitted total of KRW 204,000,000 to the Defendant Company from February 23, 2011 to April 21, 2011 (hereinafter “instant investment amount”), and the Defendant Company transferred the shares of KRW 2,200 to the Plaintiff.

(3) On May 15, 2012, Defendant C prepared a loan certificate stating that “Defendant C would repay the instant investment money by May 15, 2013 when it is deemed impossible to recover the investment amount” to the Plaintiff.

(4) Upon the Plaintiff’s request for return of investment amount, the Defendant Company returned KRW 50,000,000,000 to the Plaintiff on January 8, 2013 and KRW 50,000,000,000, in total, on January 14, 2013.

[Reasons for Recognition] Defendant Company: A without dispute; Gap 2 through 6 (including branch numbers); Eul 1; Eul's witness's testimony; part of the testimony of Defendant C; Defendant C's result of an examination of the representative D; the purport of the entire pleadings

B. (1) The Plaintiff’s assertion and determination (A) The Defendant Company agreed to the Plaintiff that the Defendant Company shall pay to the Plaintiff KRW 154,00,000 and damages for delay thereof, as the Defendant Company agreed to the effect that “if investing in the Defendant Company, the shares shall be distributed according to the ratio of investments, and the amount of investments shall be repaid in full after two years.”

(B) The Defendant Company agreed to the Plaintiff that “in the event of an investment in the Defendant Company, the Defendant Company transferred the shares of the Defendant Company according to the Plaintiff’s investment ratio, and refund the amount of investment in the event of future profits.” As such, the Defendant Company did not generate any profits, due to the nonperformance of the terms and conditions.”

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