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(영문) 서울중앙지방법원 2019.03.14 2016가합523793
보증채무금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D established E Co., Ltd. (hereinafter “E”) and worked as its representative director on May 19, 2010. Around 19, several unspecified persons made up of a total amount of money invested by purchasing real estate as a member, set up a collateral security with an amount equivalent to 120% of the investment amount, and redeems the total amount of the investment principal by selling real estate after 3 years, and up to that time, D would pay 2-3% of the investment amount every month as activity expenses. Since 3 years, D purchased another real estate as accumulated profits in a club, and paid 30% of the profits excluding the principal and taxes and taxes, as dividends, and paid a certain dividend in the event of recruitment of subordinate members.

B. As the mother of Plaintiff B, the Plaintiffs, as the mother of Plaintiff B, invested in E from August 30, 201 to August 28, 2012 as the Defendant’s introduction, and drafted an investment contract (Evidence 1, 2, 3-1, 2, 3-2, and a monetary transaction agreement (Evidence 2-3, 4, 5). The main parts of the investment contract and the monetary transaction agreement are as follows:

(hereinafter referred to as "investment contract" and "Agreement on Monetary Transaction" are collectively referred to as "each of the instant contracts". The purpose of Article 1 is to promote friendship among all the members registered as members of a club, thereby creating profits through real estate-related investment and other businesses, and to promote the economic interests of each of the members of the club as dividends in proportion to their investments. The composition of a club is to submit a normal application for membership to the club, and to confirm that it has not been paid from the club, so long as it submits an application for membership to the club normally, and its members are registered as members, the purpose of Article 1 of the F is to promote friendship among all the members registered as members.

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