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(영문) 제주지방법원 2018.04.19 2017가합12031

기타(금전)

Text

1. The Defendant shall pay to the Plaintiff KRW 400,00,000 and the interest rate of KRW 15% per annum from August 19, 2017 to the date of full payment.

Reasons

1. Statement of non-performance of investment prohibition;

1. Project name: C projects;

2. Location of business: Jeju-si D and three parcels;

3. Investment amount: 500 million won.

6. mutually agreed amount of payment: 1 billion won - Method of payment: The principal of 500 million won after the completion of authorization and permission (on June 30, 2016) shall be paid to the Plaintiff.

500 million won for the settlement of profits shall be paid after sale.

The fixed amount of profit when an investor wishes shall be substituted by the sale in lots.

7. If an investment amount of 500 million won is deposited in the head of the Defendant Corporation, the Plaintiff will be placed in the Defendant Corporation, the principal agent of the project, as a director.

On October 13, 2015, the Plaintiff agreed to invest KRW 500 million in the main complex building project project (hereinafter “instant project”) implemented by the Defendant, and drafted the following commitments with the Defendant:

(hereinafter “instant investment agreement”). (b)

In accordance with the instant investment agreement, the Plaintiff paid KRW 300 million on October 13, 2015, and KRW 200 million on October 14, 2015 to the Defendant.

On October 20, 2015, the Defendant registered the Plaintiff as other non-executive director in the Defendant’s corporate register.

C. As the Defendant was unable to repay KRW 500,000 to the Plaintiff by June 30, 2016, the Plaintiff paid interest of KRW 2.5 million per month to the Plaintiff, and paid KRW 10,500,000 per month to the Plaintiff on July 22, 2016, and KRW 2.5 million on August 31, 2016 and September 30, 2016.

On October 31, 2016, the Defendant repaid the Plaintiff the investment principal of KRW 500 million.

On January 18, 2017, the sale rate of officetels portion is about 60% since the sale of the above main complex building began, and the sale rate of officetels portion is about 60%.

On April 14, 2017, the Defendant paid KRW 100 million out of the final return amount to the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap 1-5, 9 (including the entire number), the purport of the whole pleadings

2. Summary of the parties’ assertion as to the cause of the claim

A. The “after-sale” under the investment agreement of the Plaintiff refers to “after the commencement of sale” and “after the commencement of sale.”