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(영문) 수원지방법원성남지원 2017.08.18 2015가합201011

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 October 2004, the Plaintiff, Defendant, C, and D entered into a joint project agreement on the operation of a golf range (hereinafter “instant joint project agreement”) with the Plaintiff, Defendant, C, and D. The main contents of the agreement are as follows.

The joint project agreement of this case (hereinafter referred to as the "joint project agreement of this case").

In jointly managing F, located in Gwangju City of Gyeonggi-do, the Plaintiff, Defendant, C, and D shall enter into a joint project agreement on equity shares and business management as follows:

Article 2 (Shares and Equity Shares) Total amount of 5.6 billion won of Bank Loans amounting to 2.6 billion won, remaining 3.6 billion won, the defendant, 2.5 billion won (25/36), the plaintiff, 50 million won (5/36), C's KRW 300 million (3/36), and D's KRW 300 million (3/36), shall be determined according to the amount of investment.

Article 3 (Rights and Obligations) The plaintiff, the defendant, C, and D shall have the right to all tangible and intangible property ownership, such as land, buildings, fixtures, and rights, according to their respective shares, and the obligation to repay debts, such as taxes and borrowings, shall also depend on their respective shares.

Article 4 (Security) Since the ownership of property, such as land and building, is registered in the name of the defendant as of the time of this contract (the reason is that the defendant obtained a bank loan in the name of the defendant), the defendant shall grant the plaintiff and C the registration of creation of collateral security to each of the amount of investment

Provided, That the expenses shall be borne by the mortgagee, and the right to collateral security shall not be provided or transferred to a third party.

Article 5 (Method of Distribution of Profits) The plaintiff, the defendant, C, and D shall have an agent and shall forward to the plaintiff, the defendant, the C, and D half-yearly financial statements prepared on the basis of June and December of each year, each year.

Profits shall be distributed according to the equity ratio, together with the statement on the fifth day of each month.