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(영문) 서울중앙지방법원 2020.08.19 2019가합564306
투자금 반환
Text

1. Defendant C and E shall jointly and severally pay to the Plaintiff KRW 184,784,770 as well as the full payment from June 28, 2013.

Reasons

1. Determination as to Defendant C and E

A. The indication of claims: It is as shown in the Attached Form “Cause of Claim”.

(b) Grounds for recognition: Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination on Defendant D Limited Liability Company

A. 1) The A Investment Association (hereinafter referred to as the “instant association”) is an investment association organized pursuant to Article 25 of the Special Act on the Development of Hub City of Asian Culture, etc., and the F Co., Ltd. (hereinafter referred to as the “F”) was a general partner.

Meanwhile, the association of this case was resolved on November 24, 2016 to dissolve the association, and the liquidation procedure was conducted. The company G was appointed as the liquidator of the association of this case, and the company was changed to the Plaintiff by a resolution of the temporary general meeting of partners on September 20, 2018.

B) Defendant D Limited Liability Company (hereinafter “Defendant Company”)

(2) On March 25, 2014, the instant association entered into an investment contract with the Defendant Company for film “H” projects (hereinafter “instant investment contract”) through F, a general partner, and the main contents of the said investment contract are as follows.

Meanwhile, Defendant E signed and sealed the instant I Investment Contract as “interested Party”.

The instant association (hereinafter “A”) and the Defendant Company (hereinafter “B”), and the Defendant C Co., Ltd. (hereinafter “A”) enter into a contract on investment, production, sale, and profit-sharing with respect to the motion picture “H” (hereinafter “H”) produced by Byung as follows:

Article 2 (Abstract of Main Motion Pictures) The outline of the principal motion picture subject to this Agreement shall be as follows:

Article 5 (Use of Investment Funds) of the Standards for Net Production Costs within the second half of 2014 scheduled to open a total of KRW 1.2 billion daily marketing cost of KRW 1.2 billion for the production of a long-term film of H production type.

1. Eul's investment amount of KRW 500 million is the principal film.

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