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(영문) 인천지방법원 2015.12.08 2015가합51926

기타(금전)

Text

1. The Defendants are jointly and severally liable to Plaintiff A, B, and C for each of KRW 50,000,000 and the Defendants E and E.

Reasons

1. Basic facts

A. around 2011, Defendant E Co., Ltd. (hereinafter “Defendant E”) entered into an investment agreement with the Plaintiffs (hereinafter “instant investment agreement”) on the following grounds: (a) Defendant Construction Co., Ltd. (hereinafter “Construction”)’s construction and sales of officetels on the Fransi’s ground owned by the Defendant Construction Co., Ltd. (hereinafter “Defendant E”); and (b) the instant officetel’s construction and sales of officetels (hereinafter “instant officetel”).

1) On December 7, 2011, Plaintiff A, Plaintiff B, and Plaintiff C, December 14, 201, respectively, and Defendant E and the above Plaintiffs invested KRW 50 million in the instant project, Defendant E agreed to pay the investment principal to “within 15 days after the first date of the first bank note”, and “within 15 days after the second bank note of the intermediate payment,” respectively, to Defendant E pay KRW 50 million each of the above agreed terms and conditions before and after the date of the instant agreement. Plaintiff D agreed to pay KRW 50 million to Defendant E an officetel of December 30, 201, and to pay KRW 50,000 to Defendant E an investment amount of KRW 30,500,000,000,000 to Defendant E on and after the date of the instant agreement. < Amended by Presidential Decree No. 23350, Dec. 30, 2011; Presidential Decree No. 23050, Dec. 34, 20101>

3) The instant investment agreement includes the content that, if the Plaintiffs, who are investors, wish to obtain the registration of the instant officetel as the condition of investment, the Plaintiff issued a written contract for the instant officetel at 13.76 square meters (hereinafter referred to as “the instant agreement”). B. around July 27, 2012, Defendant E’s representative director G and H, who is the business-related entity of the instant case, agreed to waive all of the rights, etc. as the instant project implementer and delegate the exercise of rights to the Defendant Construction. (C) Defendant E and the Defendant E transferred the right to implement the instant project to the Defendant Construction around February 2013, and the head of the Defendant Construction agreed to receive KRW 300 million from the agreement (hereinafter referred to as “instant agreement”).

In relation to the succession of obligations, Paragraph 3 of the Agreement of this case is applicable.