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(영문) 대구지방법원 2019.10.10 2019가합203402
약정금
Text

1. Each of the plaintiffs:

A. Defendant C shall pay KRW 250,000,000 as well as 5% per annum from March 1, 2017 to April 29, 2019.

Reasons

1.Article 1 [Investment in Funds] (Plaintiffs) of the facts of recognition shall make an investment to Gap (Defendant C) in an amount equal to one hundred million won under the terms of this Agreement.

Article 2 [Payment of Profits from Investment Funds] A shall pay 3% of the monthly investment funds to B at a fixed return rate.

(30th day of each month) Article 3 (Guarantee of Investment Money)

1. A shall, for one year after the contract is entered into, return the security deposits in V.I.P. Sheet in the H's casino located in the Philippines, where A is in operation, prior to the investment amount of B, and give priority to the repayment of the investment principal to B.

2. A shall change a recipient of a bond to a person who is designated by B, and notify him of the result thereof; and

Article 4 [Period] One year from the date of the contract, and may be renewed after repayment.

Article 5 [Refund of Investment Money] Return of Investment Money shall be made immediately after one year from the date of the contract, and upon request of B before three months, after the date of the contract.

Article 6 (Joint and Several sureties) Joint and Several sureties guaranteed A's obligation under this Agreement and agreed to discharge A's obligation jointly and severally with A.

[Other] Article 7

2. A and B shall not divulge any content of this contract to a third party by nature of the business.

In addition, the rights and obligations of this contract may not be transferred or succeeded to a third party.

On June 26, 2015, the Plaintiffs signed an investment contract with Defendant C (hereinafter “instant investment contract”) and drafted the following investment contract (hereinafter “instant contract”).

B. On the date of the instant investment contract, G jointly and severally guaranteed the obligation owed by Defendant C to the Plaintiffs pursuant to the instant investment contract.

C. The Plaintiffs paid KRW 250,000,000 to Defendant C, respectively.

The Plaintiffs demanded Defendant C to return the investment amount around November 2016.

E. G died on March 19, 2019, and the spouse at that time is Defendant D, Defendant E, and F.

F. Defendant D, E, and F are to the Daegu Family Court on June 4, 2019.

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