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(영문) 서울남부지방법원 2017.06.02 2016가합108312
투자금반환 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 102,274,056 and 25% per annum from March 5, 2016 to the date of full payment.

Reasons

1. Basic facts - Contents of the instant contract - Contents of investment and payment of investment profits - The Plaintiff, from June 2, 2015, intends to make an investment of KRW 300 million in Defendant B in order from June 2, 2015 to Defendant B.

(2) The Defendants in Paragraph (2) provide all related documents (any documents necessary for the notarial act of a commitment note, meeting minutes of board of directors, certificate of personal seal impression, certificate of corporate registration, and copy of business registration certificate) in order to secure the investment of KRW 300 million from the Plaintiff.

(3) 300 million won invested by the Plaintiff in Defendant B shall be repaid without any condition three months after the date of payment of the initial investment.

(Provided, the Plaintiff and Defendant B’s consultation may extend the time of recovery of the investment principal for three months, but at this time, the Plaintiff’s will will be fully followed). According to the foregoing paragraph 4, the payment of investment profit to KRW 300 million invested by the Plaintiff in Defendant B shall be made monthly on the basis of the date of receiving the initial investment, and the investment profit shall be made by Defendant B to pay the same amount (based on three months) for the same period (based on three months) in proportion to the period during which the Plaintiff used the Plaintiff’s investment (based on three months).

(5) Defendant C, as a joint and several surety of Defendant B, will be liable to the Plaintiff in the same manner as Defendant B, without any objection to the payment of investment and investment profits.

On June 2, 2015, the Plaintiff entered into an investment agreement and an investment profit payment agreement (hereinafter “instant contract”) with the content of investing KRW 300 million in Defendant B Co., Ltd. (hereinafter “Defendant B”). Defendant C, the representative director of Defendant B, was jointly and severally guaranteed (hereinafter “instant joint and several guarantee”). The main contents are as follows.

B. Defendant B is a society in relation to the instant contract that constitutes the borrowing of property on June 2, 2015.

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