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(영문) 서울고등법원 2019.05.02 2018나2068620
기타(금전)
Text

1. The plaintiff (appointed party)'s bankruptcy debtor C upon a claim for a change in exchange by this court.

Reasons

1. Basic facts

A. C around February 2008, around October 2014, established E Co., Ltd. and established overseas corporations from around September 2010 to carry out FX M&A brokerage business, U.S. Shep gas investment business, etc.

(1) Each of the above businesses (hereinafter referred to as “FX M&C business, etc.”). The sum of outstanding investment amounts on the date of the agreement on the title (Renewal date) x 10,000 won on October 10, 2014 A x 10,000 won on June 23, 2015 (total investment KRW 14,000,000 on June 10, 2015) x 10,000 won on July 30, 2015 x 10,000,000 won on June 6, 2015 x 10,000,000,000 won on August 10, 200, 2000 x 10,000 won on December 8, 2015 x 200,000 won on June 10, 2005;

B. The Plaintiffs entered into each investment agreement with C to invest each amount of money stated in the “investment amount” in the FX M&D business, etc. on each of the pertinent dates set forth below (hereinafter “instant investment agreement”), and paid each of the said investments to C on the same day.

C. Each investment agreement prepared by the Plaintiffs and C at the time of the instant investment agreement provides for the termination of the contract as follows, or in addition to the following contents, stating that “Where a business operator is unable to perform his/her duties for at least six months due to the detention of the business operator, the investor may give notice of termination to the business operator, and the business operator shall refund the full amount of the investment to the investor by the end of the following month from the date of receipt of the notice of termination (Article 4(3)2(c) of the respective individual investment agreement of the Appointed A and B as of January 18, 2016).

Article 4 [Termination of Contract] (1) An investor may terminate this contract by giving written notice to a business operator even before the expiration of the contract period.

(2) The investor has terminated this investment contract under the above paragraph (1).

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