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(영문) 서울중앙지방법원 2013.09.12 2012가합89844
약정금
Text

1. The Defendants: (a) KRW 446,400,000 for each Plaintiff; and (b) KRW 5% per annum from March 1, 2012 to November 7, 2012.

Reasons

1. The underlying facts D (Representative Plaintiff, hereinafter “A”) and E (Representative Defendant B, hereinafter “Defendant B”) enter into an investment arrangement on the assumption that Party A agreed to make an investment in a business of F (hereinafter “project”) attracting, holding, and operating in Thailand.

Article 1 (Obligation to Comply with Investment Agreements A) A agrees to invest USD 500,000 for the project.

investment shall be made in US$ currency at the time of investment.

Article 2 (Obligation of B) B shall make every effort to increase the common interests of project participants in a project under the premise of A's investment agreement.

Article 3 (Audit of A's Business) B shall, at the request of A, present in writing the matters concerning accounting and the balance sheet concerning the business and transactions, and report the overall matters concerning the business at any time.

Article 5 (Ratio of Distribution) A shall provide A with 20% of the net proceeds of the project as dividends to investments.

Article 7 (Settlement of Income)

1.B shall arrange in writing 20 per cent of the limited net proceeds after opening the project costs each day.

Here, the cost refers to all the operating expenses, such as cost, cost, fuel cost, complementary management cost, and cost of expendable goods.

2. Eul shall settle the dividends to Gap in two weeks unit. A.

On June 10, 201, Defendant B, the representative of D and E, entered into an investment agreement (hereinafter “instant investment agreement”) with respect to the carnche project (F; hereinafter “instant project”) operated by Defendant B in Thailand as follows:

This loan arrangement was made on June 7, 201.

A borrower: A person who lends the representative defendant B: D representative Plaintiff

1. Amount of loan: US$ 500,000 on the loaned principal;

2. Maturity: 1% of the principal on December 3, 2011;

4. Interest may be paid for the maturity date; and

5. A person who lends a loan in the event of default shall have the right to exchange the loan with stocks;

6. observers: Repayment before the due date.

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