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(영문) 의정부지방법원 고양지원 2021.01.14 2019가단17044

약정금

Text

1. Defendant B’s 15,651,538 Won and its related 24% per annum from March 1, 2019 to February 7, 2020, respectively, to the Plaintiff.

Reasons

Basic Facts

A. Defendant B and C decided to run a joint housing construction project (hereinafter “instant project”) with D local government in Switzerland, and the Plaintiff invested in the instant project in KRW 35,651,538 [the amount of investment KRW 35,651,538 (the amount of KRW 20,00,000, KRW 200, KRW 15,651,538) with the amount of investment in the instant project.”

B. The Plaintiff’s investment was used as the establishment cost, design cost, operating cost, etc. of a corporation in the course of carrying out the instant project.

(c)

The instant project failed to proceed any longer due to the shortage of funds, etc., and there was no profit from the said project.

[Ground of recognition] In the absence of dispute between the parties, Gap evidence Nos. 3-1, 2, and 4-1, 2, 3-3, Eul evidence Nos. 1, 2, and 1, 2, Eul evidence Nos. 1 through 5, and a summary of the parties' arguments as a whole.

A. On December 1, 2018, the Plaintiff concluded an investment agreement with the Defendants (hereinafter “instant investment agreement”) with the following content.

Investment amount: 35,651,538 won (the first vehicle: 20,00,000 won, the second vehicle: 15,651,538 won): 10% of the equity interest in the Switzerland apartment complex and the total investment period for the interior construction of apartment complexes: the contract period for payment from December 1, 2018 to February 28, 2019: 24% per annum from February 1, 2018 to February 28, 2019; the Plaintiff deposited the instant investment amount with the Defendant’s personal passbook around February 28, 2018 pursuant to the instant investment agreement; the Defendants made an agreement that the aforementioned investment would not be repaid by February 28, 2019.

3) The Defendants did not comply with the instant investment agreement or the instant agreement for the return of the investment amount. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the full amount of the instant investment amount and the delayed damages pursuant to the said agreement or the instant payment agreement, which is deemed below.