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(영문) 서울중앙지방법원 2017.05.23 2016가합548914
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 22, 2014, Plaintiff A entered into an investment agreement with Defendant D Co., Ltd. (former name: F, G Co., Ltd.; hereinafter “Defendant Company”) with the following content.

The plaintiff A and the defendant A of the Investment Agreement agree on the basic matters pursuant to the Project for the following Ethmpis (hereinafter referred to as "the Project") and conclude this Agreement.

Article 1 (Opening of Business) (1) Business Name: A project name: (2) A project name: Domestic exhibition. (3) A project size: A maximum of one million won during the period of exercise (distribution of investment and investment funds) during which the project is held. (1) The Plaintiff A shall invest a maximum of one million won per day (Won 100,000,000) for the project and deposit it by May 22.

2. The Defendant Company shall reimburse the Plaintiff A with the principal 6% of the profits derived from deducting all kinds of expenses (including the total profits within the scope of 10% and donations to be paid) incurred in the Project within one month after the liquidation of the Project.

Article 3 (Use of Investment Funds, Timing of Investment, and Equity Shares) (1) Use of Investment Funds: Shall be used for authorization, permission, business promotion and operating expenses.

② The total amount of Plaintiff A’s investment for the project shall be recognized as 6% shares at the time of capital increase of the Defendant Company, and a share transfer shall be made at the same time as the settlement of the profits set forth in Article 2 is completed, and the Plaintiff’s share shall be returned to the Defendant Company and the share transfer shall be disposed of as

B. On August 6, 2014, Plaintiff A paid KRW 100 million to the Defendant Company in accordance with the said investment agreement, and thereafter paid KRW 38 million to the Defendant Company at the request of Defendant C and the Defendant Company.

C. On August 8, 2014, Plaintiff B Co., Ltd. (hereinafter “Plaintiff”) entered into an investment agreement with the Defendant Company with the following content (hereinafter collectively referred to as “instant investment agreement”).

Plaintiff of the Investment Agreement.

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