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(영문) 창원지방법원마산지원 2020.10.21 2020가합148

약정금등

Text

1. The Defendant’s KRW 150,300,000 and KRW 150,000 among the Plaintiff’s KRW 150,000 and KRW 300,000 from April 15, 2014.

Reasons

1. Basic facts

A. On January 14, 2014, the Plaintiff entered into an investment agreement with the Defendant (hereinafter “instant investment agreement”) as follows, and around that time, paid KRW 100 million to the Defendant under the instant investment agreement.

Article 1 (Purpose) This Agreement is to enter into an investment agreement that specifies expenses and profit distribution in connection with the contract for the removal of the Gilwon D Development Project in the Sungsung-si of Gyeonggi-do, which will be agreed upon by the plaintiff and the defendant.

1. Project name: D development projects;

2. Business activities: The business activities of the Gyeonggi-do Institute C in the Seosung-si;

3. Construction amount: The plaintiff's share in Article 2 (Shares) of the 7 billion won (the actual amount of KRW 3.5 billion) shall be as follows:

1. The plaintiff invests KRW 100 million in cash to the defendant.

(Provided, That this project shall be limited)

2. The agreement between the plaintiff and the defendant on 1/n of the remaining profits, which excludes the required expenses, is written n/1, but seems to be written 1/n.

section 60.

3. The total amount of the investment for the above implementation shall not exceed KRW 200 million, and the period and method of the payment of this project under Article 4 (Period and Method of Payment) as stated in Article 3 shall be as follows:

1. The defendant shall pay KRW 100 million to the plaintiff upon receiving the advance payment.

2. When it is deemed impossible to implement the project within three months, the principal shall be paid preferentially and penalty (hereinafter “instant penalty”) shall be paid twice.

3. All the expenses required for the construction work and the taxes and public imposts shall be the key to the defendant's burden;

B. The Defendant failed to conclude a removal contract under the instant investment agreement, and failed to commence the removal work.

C. On January 14, 2017, the Plaintiff lent KRW 300,00 to the Defendant as a security.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including branch numbers), and the purport of the whole pleadings

2. Claim under the instant investment agreement

A. In accordance with the instant investment agreement, the Plaintiff determined the cause of the claim to the Defendant.