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(영문) 인천지방법원부천지원 2015.11.25 2015가단22689
투자금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The plaintiff's assertion is asserted as shown in the annexed sheet.

B. Determination 1) The following facts can be acknowledged in full view of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 5 (including branch numbers if there are serial numbers). A) The plaintiff, the representative director of the defendant company, and C and D, which are the representative director of the defendant company, drafted a performance agreement with the following contents on October 14, 2014.

- Ascertainment that there is a debt of KRW 200,000,000 against the Plaintiff in C and D.

- C In substitution for the repayment of the foregoing debt, the Defendant Company and the Plaintiff enter into an investment contract (new stocks) on October 14, 2014 (hereinafter “instant investment contract”).

- C shall immediately pay the above amount of debt (the amount of investment under the investment contract of this case) to the Plaintiff on the date on which the investment contract of this case expires in the name of C or the Defendant Company, and D shall guarantee its payment.

- The investment (acquisition) of the investment contract of this case is for the postponement of the repayment of the above debt or for the guarantee of payment, and C, D, for any other reasons, such as business losses, investment losses, corporate rehabilitation and bankruptcy and bankruptcy of the defendant company, shall not refuse the payment or set-off.

B) The Plaintiff and the Defendant Company made an investment (new shares) agreement with the following terms on the same day. - The Defendant Company shall issue to the Plaintiff an ordinary share of KRW 200,00,000 at par value (investment). - The Plaintiff is deemed to have made a share payment to the Defendant Company in lieu of the payment of KRW 200,000,000 bonds to C and D. The period of investment shall be two years from the date of this contract. The Defendant Company shall return the said investment amount of KRW 200,000 of the said investment amount (or at the time of termination of this contract) at the expiration of the investment period (or at the time of termination of this contract), and may extend the investment period under mutual agreement between the investor and the investing company one month prior to the expiration of the contract.

- The defendant company shall settle the profits of the current month as of the end of each month.

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