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(영문) 서울중앙지방법원 2020.10.30 2019가합570219
투자금반환
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. D. D. (hereinafter “instant association”) is an investment association organized pursuant to Article 25 of the Special Act on E Creation, etc., and the F.M. was a general partner.

Defendant B (hereinafter “Defendant Company”) is a corporation established for the purpose of the development, production, and sale of character (games, music records, and video). Defendant C is the representative of the Defendant Company.

B. On February 20, 2014, the instant association concluded an investment contract (hereinafter “instant investment contract”) with the Defendant Company on the “G project” (hereinafter “project”) via F Co., Ltd., a general partner, and the Defendant C jointly and severally guaranteed the Defendant Company’s obligations under the instant investment contract as an interested party.

The main contents of the instant investment contract are as follows.

Article 2(Interested Parties)(1) The term “interested Parties” in this Agreement means the following natural persons, as the executive manager, recognized by the “Investor(s)”, who holds at least 20% of the total outstanding shares of an investing enterprise (the Defendant Company; hereinafter the same shall apply) or who has de facto control over an “investment enterprise”, with the exception of nonvoting shares of an investing enterprise at the time of investment:

Name: Defendant C’s address and resident registration number: (Omission) (2) “interested person” and “investment enterprise” shall approve each provision of this Agreement and shall be jointly and severally liable to perform the obligations under this Agreement.

Article 14 (Conditions of Project) (1) The period of "project" shall be as follows:

1. The date of commencement of this project shall be the date of the contract, and the date of completion of the project’s “project” shall be the date of termination of the profit distribution under paragraph 4 of this Article.

2.In the event of the termination of a profit distribution under paragraph 4(3) below during the term of this contract, the terms "investors" or "investment enterprise" may give written notice to the other party that has received the notice, and the other party in receipt of the notice.

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