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1. Bankruptcy claims against the Plaintiff (Appointed Party)’s bankrupt debtor B are KRW 1,400,000, 1400, 200 and E’s bankruptcy debtor.
Reasons
1. Basic facts
A. B: (a) around February 2008, F Co., Ltd. and around October 2014, G Co., Ltd. were established; and (b) established a foreign corporation from September 2010 to run a business such as FX M&C brokerage (hereinafter “instant business”).
Article 1 [Purpose and Purpose of Investment] Funds invested by an investor shall be used in any of the following sections in accordance with B's business judgment:
(1) Domestic and foreign companies in which B is the representative director at the time of investment. (2) Even if B is not the representative director at the time of investment, if a majority of shares of the company is the shares of B, the shares of which are the shares of B.
(2) B shall be paid to investors 2% per month of their monthly investments with dividends accruing from their investments.
However, the amount of dividends may be adjusted through consultation with investors.
(3) If the period of an investment agreement expires, B shall repay the investment money to investors immediately after the expiration thereof.
However, if an investor fails to make a written request for the repayment of investment funds to B one month before the expiration of the period of the investment agreement, the period of the investment agreement shall be automatically extended to one year.
Article 4 [Cancellation of Contract] (1) An investor may terminate this contract by giving written notice to B even before the expiration of the contract period.
(2) If the investor terminates this investment contract in accordance with paragraph (1) above, B shall pay to the investor the remaining money after deducting the dividends and termination fees paid from the investment money, within ten business days from the date on which the investor is requested to terminate the contract.
(3) In any of the following cases, the investor may give notice of termination to B, and B 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:
1) B’s death 2).