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(영문) 서울중앙지방법원 2015.10.07 2015가합3933
투자금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 253,232,876 and KRW 180,00,000 among them, Defendant B shall be jointly and severally liable to the Plaintiff on March 8, 2015.

Reasons

1. Facts of recognition;

A. On June 10, 2010, the Plaintiff entered into an investment agreement with Defendant B as follows (hereinafter “instant primary investment agreement”), and remitted KRW 100 million to Defendant B on the same day (hereinafter “instant primary investment amount”), and Defendant C Co., Ltd (hereinafter “Defendant Company”) jointly and severally guaranteed the obligation owed to the Plaintiff pursuant to the instant primary investment agreement.

D Energy Business-Related Plaintiffs (hereinafter referred to as “A”), Defendant B (hereinafter referred to as “B”) and B’s joint and several liability companies (hereinafter referred to as “disease”) agree as follows:

Article 2

1. Scope of business: Within the scope of business permitted to energy offices of the Republic of Korea;

2. Investment amount: Article 3 (Scope of Liability A) (1) of the KRW 100 million (in case of A), A shall provide up to June 10, 2010 to KRW 100 million of the investment amount, and this Agreement shall enter into force simultaneously with the issuance of a receipt.

(B) A shall be paid 100% of the amount invested in January of each year to B as investment profits.

Provided, That 50% shall be paid on January 201.

(3) If the above paragraph (2) is not implemented, a benefit of time under the above paragraph (2) shall be immediately forfeited, and the joint and several sureties of Eul and Eul shall assume unlimited liability for the above paragraph (2).

Article 4 (A) and B may automatically extend an agreement at the time of mutual agreement on a one-year basis, and where A intends to inevitably recover an investment amount, he/she shall notify B in advance three months prior to the date of notification, and in such cases, B shall pay the investment amount within three months from the date of notification to A, and the profit shall be paid in January of the following year, calculated on a daily basis.

B. On September 14, 2010, the Plaintiff entered into an investment agreement with Defendant B as follows (hereinafter “instant secondary investment agreement”) and remitted the total sum of KRW 60 million on the same day and KRW 80 million on September 17, 2010 to Defendant B as investment money, and each of the said money added up to KRW 80 million.

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