(영문) 대구지방법원 2017.06.15 2016가단111758

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2017.06.15 2016가단111758

약정금

Text

1. Defendant B and D shall jointly and severally pay to the Plaintiff KRW 59,893,108, and their amount from September 1, 2015.

Reasons

1. Basic facts

A. Defendant C Co. is a corporation that leases and operates commercial buildings within the subway stations.

The non-party E, who was appointed as the inside director and the representative director of the defendant C on July 17, 2012, but resigned on December 9, 2013 and resigned from the inside director on March 10, 2015.

B. Around January 30, 2013, the Plaintiff entered into an investment contract with the representative of Defendant C with respect to Defendant C’s F points. (A) The details of the investment are as follows: (b) The Plaintiff shall invest the total of KRW 100 million in KRW 5 million on January 30, 2013, and KRW 5 million on February 28, 2013: (b) the investment period: (c) the investment period shall be from January 30, 2013 to January 29, 2015 (two years); (c) the investment amount shall be immediately refunded in cash at the expiration of the investment period; (d) the dividend amount shall be KRW 1.5 million on the last day of February 2013; and (e) the amount shall be KRW 3 million on the date after the last day of February 2013; and (e) the Plaintiff shall be transferred to the Plaintiff on February 37, 2013, respectively.

3) On May 20, 2015, the Plaintiff and E (Defendant C’s representative director and in-house director both resign) agreed to extend the Plaintiff’s investment period to May 29, 2016, and pay 300,000 won for profit dividends on the 29th day of each month to the Plaintiff on May 29, 2016. (c) On February 15, 2013, the Plaintiff entered into an investment contract with Defendant B with respect to G points, and the content of the said investment contract is as follows.

(A) Investment content: The Plaintiff shall invest KRW 5 million on February 15, 2013.

(B) Investment period: from February 15, 2013 to November 30, 2014, the investment amount shall be immediately refunded in cash when the investment period expires.

(C) Dividends: from March 15, 2013 to the Plaintiff, the amount of 2.5 million won per month from March 15, 2013 to the amount of dividends on investment.

At that time, E, on behalf of Defendant C, has the obligation under the above investment contract of Defendant B.

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