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(영문) 울산지방법원 2017.08.22 2015가단28448

투자금 등

Text

1. The Defendant: (a) KRW 15 million to the Plaintiff and the Plaintiff’s 5% per annum from December 15, 2015 to August 22, 2017.

Reasons

1. Facts of recognition;

A. The owner of the seven lots of land C, D, E, F, G, H, and I (hereinafter “instant real estate”) was J, and L, the representative of K Co., Ltd. (hereinafter “K”), planned to purchase the said real estate and to carry out an industrial complex development project, such as the development of factory sites.

B. From May 2013, the Plaintiff, M, and the Defendant: (a) as an investor representative, the Defendant invested KRW 100 million in cash in K in connection with the instant development project; and (b) obtained authorization for the development project from K to receive KRW 500 million in total as investment and profit; and (c) L jointly and severally guaranteed this amount.

(hereinafter “instant investment agreement”). Upon receipt of the above KRW 500 million, the Defendant agreed to pay KRW 100 million to the Plaintiff and M respectively.

C. On May 6, 2013, the Defendant and L concluded a sales contract with J on the instant real estate amounting to KRW 790 million (hereinafter “the instant sales contract”). As to the remainder payment under the said contract, a seller may enter into a contract with another person if the remainder is not paid after 100 days from the date of the contract.

On the day of the above contract, the Defendant paid the down payment of KRW 30 million to J as part of the above contract deposit, and until the end of May of the same year, the remainder of KRW 70 million out of the contract deposit of KRW 100 million to J and K’s account, a seller. The above KRW 70 million includes KRW 15 million loaned to the Defendant.

E. K requested the Defendant to make additional investments in relation to all expenses such as authorization and permission for the instant real estate and the payment of the remainder.

Accordingly, the defendant on July 4, 2013, 10 million won to K, and the same year.

8. 14. 14. The defendant N, the defendant's land, in the amount of KRW 140,000,000 to the seller J,

8. 14. 14. The defendant's branch office, through J, 58 million won, for the same year.

8.16.N to J 67 million won, through N, the same year.

8.16. K 10 million won.