(영문) 대구지방법원서부지원 2019.04.25 2018가합788

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(영문) 대구지방법원서부지원 2019.04.25 2018가합788

투자금등

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 231,090,00 and KRW 204,090,000 among them. From June 6, 2018.

Reasons

1. Facts of recognition;

A. Conclusion, etc. of investment agreement between the Plaintiff and the Defendants

3. The Plaintiff’s amount of investment and the time of investment shall be paid KRW 200 million to Defendant B with the amount of investment.

Provided, That the method of payment shall be transferred to Defendant C’s D Association E account, a joint and several surety designated by Defendant B for convenience, and shall be paid as follows:

(1) Primary investment cost of KRW 50 million: The payment shall be made when Defendant B enters into a business license acquisition agreement for receiving premiums with the transferor of the workplace.

(2) Secondary-investment KRW 100 million: When Defendant B actually completes the transfer of a place of business from the transferor of the place of business (or when the balance of a business license acquisition agreement is paid) it shall be paid.

3. Three-party investment KRW 50 million: It shall be paid when Defendant B enters into a lease agreement with the owner of a building.

4. The method and time to pay profits (1) Defendant B shall pay 25 million won per month to the Plaintiff from November 6, 2018 to the time the place of business is in operation.

(hereinafter omitted)

5. The time when the investment is returned and the period of investment (1) Defendant B shall refund the Plaintiff’s investment amount to the Plaintiff in installments for the five-month period beginning on June 5, 2018, in addition to the monthly income that the Plaintiff pays to the Plaintiff.

Provided, That the interest at the time of arrears shall be paid at 20% per annum, and the amount of investment shall be refunded in lump sum if it is overdue at once.

8. The cancellation, termination, etc. of an agreement. (2) The defendant B shall return the full amount of the investment, upon receipt of notice of termination from the plaintiff, if the profit is not paid even once or if the investment is not paid in installments even once.

9. The notification of cancellation, termination, etc. by Defendant B and the Plaintiff, other than the agreement, shall be made not less than twice by means of text transmission or not less than once in writing, and the notification shall have legal effect by either the arrival or service of the other party, regardless of whether it is served or not.

(hereinafter omitted) On April 27, 2018, the Plaintiff’s entertainment tavern business operated by Defendant B between Defendant B and the Plaintiff.

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