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(영문) 서울중앙지방법원 2019.10.31 2018가합562679
투자금반환
Text

1. The Defendants shall jointly and severally serve as KRW 350,000,000 on the Plaintiff and as a result, from April 1, 2016 to October 31, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff’s trade name before Defendant B changed on February 28, 2014: A.

D. (hereinafter referred to as “Defendant B”).

(1) The term “instant investment contract” (hereinafter referred to as “instant investment contract”) with the content of investing 400,000,000 won to the Corporation.

(2) The Plaintiff’s investment under this Agreement refers to cash investment, and specific investment amount and distribution of profits shall be made as follows:

1. Amount of investment: 400,000 won;

2. Investment method: 50,000,000 won is the capital of Defendant B’s share of 10% (total capital of 500,000,000 won);

350,000,000 won shall be the raw material purchase fund for the Jeju swine sales store and restaurant chain business, which are the new businesses of Defendant B.

3. Guarantee Proceeds: Defendant B shall guarantee the Plaintiff’s right to supply pigs for the next two years, and the supply proceeds shall guarantee the minimum return rate of 24% per annum.

Article 3 (Investment Funds)

1. The Plaintiff shall pay the amount of investment in cash to the bank account designated by Defendant B at the time of the conclusion of this contract.

2. In the event that the Defendant B requests the return of the investment amount due to the Plaintiff’s inevitable circumstances during the term of this contract, the Defendant B shall repay the investment amount within 60 days from the date of the request.

Article 10 (Termination)

2.In a case where one party has violated the provisions of this Agreement, the other party shall set a period of no less than 15 days and shall, however, notify the other party of the cancellation of the contract immediately when the correction is not made.

B. At the time of entering into the instant investment contract, Defendant C jointly and severally guaranteed the obligation under the instant investment contract against the Plaintiff in Defendant B.

C. On February 28, 2014, the Plaintiff deposited KRW 50,000,000 in the Defendant B’s account, and KRW 350,000,000 in the investment amount to the account designated by Defendant B on March 4, 2014 (hereinafter “instant investment amount”), and the Plaintiff Company E, from March 4, 2014 to the Defendant B’s account from March 5, 2014.

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