추심금
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
1. Basic facts
A. The Plaintiff entered into an investment agreement between the Plaintiff and C 1) The Plaintiff, Changwon-si D (former name was changed to E).
hereinafter referred to as “instant commercial building”
(2) As to March 10, 2005, an investment agreement was made with C on March 10, 2005 (hereinafter “instant investment agreement”).
(1) Upon the conclusion of the contract, the main contents of the contract include “(1) A’s investment in cash, including KRW 1.2 billion on January 18, 2005 and KRW 1.2 billion on March 10, 2005, and KRW 1.2 billion on March 10, 2005. ② The Plaintiff returned the investment principal to C not later than July 30, 2005, and ③ upon the completion of the sale business for the instant commercial building, the Plaintiff pays KRW 2.5% of the net profit after deducting expenses and corporate taxes, as dividends, to C. (2) The Plaintiff paid the investment amount of KRW 1.2 billion under the investment agreement of this case to the Plaintiff.
B. C (1) On April 21, 2005, the assignment of claims between C and the Defendant is deemed to be the Defendant and F (hereinafter “Defendant, etc.”)
B) As between C and the Plaintiff, the agreement between C and C transfer all rights, such as the right to claim the return of the invested principal amount of KRW 1.2 billion and the right to claim the return of dividends, etc. (hereinafter “instant transfer agreement”).
(1) Upon the conclusion of the transfer contract of this case, the main contents are as follows: “(1) The Defendant shall pay C KRW 200 million at the time of the conclusion of the transfer contract of this case (Article 2); ② The remaining KRW 1 billion shall be immediately paid from the Plaintiff on July 30, 2005 (Article 4); ③ the Defendant, etc. shall distribute the amount calculated by deducting expenses, etc. immediately after receiving dividends from G at the rate of KRW 35%, Defendant 35%, and F30% (Article 5). (2) The Defendant paid KRW 200 million to C on April 21, 2005, which is the date of the conclusion of the transfer contract of this case; and C notified the Plaintiff on the same day and delivered the notification to the Plaintiff at that time.
C. The Plaintiff’s deposit and the Plaintiff’s investment principal and dividend payment to C are to cancel the instant transfer contract with the Defendant, etc. on August 3, 2005.