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(영문) 서울중앙지방법원 2016.05.27 2015가단5293161
투자금 등 반환 청구의 소
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 10 million and the period from November 1, 2014 to May 27, 2016.

Reasons

1. The defendant company was established on March 21, 2013 with the purpose of its trade name as D Co., Ltd. as a truck transport business, freight forwarding business, etc.

By December 31, 2014, E was registered as the representative director of the defendant company, and the defendant C was registered as the auditor of the defendant company until June 20, 2014.

On July 9, 2013, the Plaintiff entered into an investment agreement (Evidence 2, hereinafter “instant investment agreement”) with the representative director E of the Defendant Company, which includes the following contents, and paid the Defendant Company a total of KRW 5 million on the same day and KRW 30 million on July 24, 2013 (hereinafter “instant investment amount”).

Article 1. The plaintiff shall invest KRW 30 million with the purchase fund of the transportation license and the purchase fund of the number of the business vehicle necessary for the transportation business of the defendant company, and pay KRW 3 million per month in return for the investment.

Article 3. Investment 3.0 million won shall be deposited, and the first month shall be 1.0 million won for two months, 2.0 million won for three months, 3.0 million won for three months, and 3 million won for each month.

Article 4 and the contract may be terminated after six months of investment due to the circumstances of the plaintiff.

E, as the representative director of the Defendant Company, on December 26, 2013, as the Defendant Company’s representative director, prepared a letter (Evidence No. 3, hereinafter “each of the instant notes”) stating that the Plaintiff “a reimbursement of KRW 30 million without molding by the end of January 2014,” and jointly and severally guaranteed the Plaintiff as the E’s individual qualification, and Defendant C also jointly and severally guaranteed.

On April 11, 2014, Defendant C prepared and sent to the Plaintiff a letter of payment (No. 4, hereinafter “instant letter of payment”) with the following content:

C, a joint and several surety for the instant investment amount of KRW 30 million, is either impossible or impossible until April 30, 2014 by the representative director of the Defendant Company E, with respect to KRW 32 million borrowed on September 3, 2013 and KRW 30 million borrowed on September 3, 2013.

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