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(영문) 서울동부지방법원 2019.07.18 2017가합107634
손해배상(기)
Text

1. The Defendants jointly share KRW 1,200,000 with respect to the Plaintiff and the period from August 11, 2017 to July 18, 2019.

Reasons

1. Basic facts

A. The Defendants, as the parties, are operating the skin center in the name of D (hereinafter “instant store”). On November 1, 2016, the Plaintiff entered the instant store operated by the Defendants and served as the head of the skin in charge of business affairs, such as customer counseling and management, and the working hours were from 12:00 to 21:00.

B. (1) The Plaintiff and the Defendants entered into an investment contract on October 25, 2016 (hereinafter “instant investment contract”).

The main contents of the instant investment contract concluded by the Plaintiff and Defendant B are as follows.

On October 2016, the Plaintiff paid KRW 40,000,000 to Defendant B according to the instant investment contract.

A (hereinafter referred to as the "B") and DF business business entities for the funding of investment contracts (hereinafter referred to as "A") shall enter into a contract for investment support with each other as follows:

Article 1 (Amount) B shall lend 40,000,000 won to A, and Party A shall be invested.

Article 2 (Interest)

1. The interest on the said investment shall be paid at the ratio of 8% of the pure profit of the company;

Article 3 (Period and Method of Performance) A shall pay the said investment in combination with benefits from December 1, 2016 to December 1, 2018, and net proceeds to be paid by the 10th day of each month, and shall pay it in writing or by remitting it to the following accounts designated by B with the domicile of B.

(2) In the instant store, Defendant B entered into an investment contract with E, F, and G (hereinafter “three investors”) with the same content as that of E, F, and G (hereinafter “three investors”), and three investors also paid KRW 40,000,000 to Defendant B.

C. On December 25, 2016, the Defendants’ dismissal (1) against the Defendants on December 25, 2016, the Plaintiff is “a producer to newly create the instant store after the lapse of two years from among three investors in the Haman on November 2016.”

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