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(영문) 울산지방법원 2016.06.23 2015가합1471
투자금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 24, 2012, the Plaintiff deposited KRW 50,000,000 into a new bank account under the name of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”).

B. Around March 2013, Defendant Company drafted a funding agreement with C on a retroactive basis as of December 20, 2012, and the main contents are as follows.

The funding C and the Defendant Company shall enter into a contract related to funding with each other as follows:

Article 2 (Investment Money) The amount invested by C in the Defendant Company shall be deposited in installments at KRW 330,000,000,000, in daily installments.

Article 3 (Methods of Redemption)

1. The principal of the invested money under Article 2 may be repaid by cash transfer to the account of the defendant company or repaid with stocks corresponding thereto when the business of the defendant company becomes normal and becomes a contribution of dividend as a result of the occurrence of profit-making;

2. When the company's profits accrue separately from the investment principal under paragraph 1, the defendant company may pay the plaintiff cash dividends in cash as the price for giving and receiving investments on an irregular basis.

Provided, That taxes and public charges on cash dividends shall be borne by the plaintiff.

3. Interest related to the investment deposit shall not accrue separately and shall be substituted by the investment commission under paragraph 2; and

Article 5 (Loss of Maturity)

1. Where the defendant company's failure to comply with either intentionally or remarkably with the repayment of the investment principal and the cash dividend of the investment commission under Article 3 causes damage to the fixed interest, the defendant company may immediately lose the fixed-term interest and claim C to repay the total amount of the remaining investment amount

2. In cases where a claim is filed by C, as referred to in paragraph (1), when the total amount of redemption of the invested principal and the amount of cash dividend of the investment commission exceeds the amount of the investment won, all rights to the defendant company according to the amount of investment made by C

3. The overdue damages of an amount equivalent to 3/1000 of the amount to be repaid per day from the date of loss of benefit of time shall accrue until the time of repayment within the limit of 60 days.

C. Defendant Company shall be the Defendant Company on January 2013.

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