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(영문) 서울남부지방법원 2019.02.12 2017가단238893
투자금 등 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 2011, the Plaintiff and the Defendant concluded an investment agreement that stipulates that the Defendant will receive an investment worth KRW 50 million from the Plaintiff as necessary for capital increase.

(hereinafter “instant investment agreement.” According to the instant investment agreement, the Defendant issued to the Plaintiff share certificates (the face value of KRW 10,000) equivalent to the amount invested (Article 2 of the Investment Agreement), the proceeds are paid KRW 1,50,000 on the 14th day of each month with respect to the profits excluding all general expenses with respect to the share share ratio in accordance with the investment amount ratio (Article 3 of the Investment Agreement), and the Plaintiff may demand the Defendant to recover all or part of the investment amount after the lapse of the initial one year. In this case, the Defendant agreed to accept the Plaintiff’s share certificates in the manner of accepting the Plaintiff’s share certificates.

(Article 4(1)(b) of the Investment Agreement.

On November 7, 201, pursuant to the instant investment agreement, the Plaintiff paid KRW 50 million to the Defendant, and the Defendant allocated shares of KRW 50 million to the Plaintiff and registered as a shareholder in the register of shareholders.

C. By May 2016, the Defendant suspended the payment of profits to the Plaintiff because it is difficult for the Plaintiff to pay the profits.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Assertion and determination

A. The gist of the Plaintiff’s assertion is that the Defendant is obliged to return the investment principal to the Plaintiff and to pay 1,50,000,000 won each month as the monthly income from June 1, 2016 to July 1, 2017, as well as from the payment of the last profit to the return of the investment amount. As such, the Defendant has the obligation to pay 1,50,000 won each month as the monthly income from the payment of the investment principal to the return of the investment amount.

(b) Determination means profits if the project is not well-grounded, as it inputs production elements, such as capital, in any work or project, and is attributed to any profit or loss arising from the failure of that work or project in order to obtain a profit;

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