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Reasons
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(영문) 서울고등법원 2018.08.17 2017나2044757
투자금반환 청구의 소
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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts recognized;

A. The Defendant is a representative of C Co., Ltd. (the Defendant, around November 2012, established “Co., Ltd. E” and changed the name thereof into “Co., Ltd. F” and “C” around July 2015, respectively, on or around June 2014; hereinafter collectively referred to as “C”), and is an investor who entered into an investment contract and made investments in the Defendant as follows.

B. (1) On April 18, 2014, the Plaintiff paid to the Defendant an amount equivalent to KRW 51 billion in U.S. dollars as investment and around May 14, 2014, and then made an investment contract with the Defendant (hereinafter “instant primary investment contract”).

A) The Plaintiff (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B”) agree in accordance with the principle of mutual trust and good faith with respect to C business and funding investment. The investment funds of Party A under this Agreement shall be as follows: (i) the total amount of investment: O billion Won (500,000,000) (hereinafter referred to as “I”) Article 4 (Profit Distribution”).

1. Gap and Eul shall allocate the amount of dividends lawfully determined by the board of directors and the general meeting of stockholders of the company established for the above business to Gap's investment in Article 3, in proportion to Gap's share ratio (10%).

2. A shall gratuitously refund 1/2 (5%) of the above equity interest to B if the dividend determined by the board of directors and the general meeting of shareholders of B received more than the amount invested within one year from the time the contract becomes effective.

1) Transfer of shares shall be transferred from the shares of the Party A to the Party A. 3. Where the dividend determined by the Board of Directors of the Party B’s Business and the General Meeting of Shareholders has been paid less than the amount invested within one year after the contract becomes effective, Party A’s original shares shall maintain the ratio of 10%. Article 5 (Business Shares)

1.B shall wholly exercise all the powers over the overall management of the Company incorporated for the Project C and its entire business.

2. A shall make profits to investments.

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