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(영문) 서울중앙지방법원 2013.09.06 2013가합508274
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff KRW 275,000,000, and

(a) As regards KRW 100,00,000 among them, from March 10, 2012.

Reasons

1. Facts of recognition;

A. On October 4, 2011, the Defendants concluded a partnership agreement under which each of 50% (50%) invested and jointly distributed profits generated in the course of electronic commerce to the same extent as D, and registered the Defendants as joint operators of business on October 25, 201 under the said agreement.

B. The Plaintiff received investment recommendations from the Defendants that required additional funds, and paid the Defendants KRW 200 million in total, including KRW 25 million on November 4, 201, and KRW 175 million on November 16, 201 (hereinafter the “instant KRW 175 million”).

On January 26, 2012, the Plaintiff entered into a contract with the Defendants to operate D as a stock company after investing their own capital with the Defendants (hereinafter “instant partnership contract”). The instant partnership agreement includes the following:

On the other hand, Article 1(1)-25 million won and KRW 175 million as above mean KRW 200 million paid as above. Article 1(1)-A (the equity interest and scope of investment)-A stipulates that KRW 25 million shall be 175 million as capital and shall make an investment corresponding to 30% of the shares of the company (D). The shares shall be 175 million and shall be returned at the time of demand after one year.

2) B shall contribute capital of KRW 25 million to the Company, provide all technologies (e.g., personal and SDR) for operating in the Company, own all the rights of the Company, and make an investment corresponding to 30% of the Company’s shares on this investment. C) shall contribute capital of KRW 25 million to the Company and shall make an investment corresponding to 30% of the Company’s shares in respect of its operating capacity so that the Company can grow up by demonstrating its operating capacity as soon as possible.

Article 2 (Rights of Three Persons in Trade) Three Persons in Trade shall hold in accordance with each paragraph of Article 1.

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