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(영문) 인천지방법원부천지원 2015.06.12 2013가합8280

약정금

Text

1. The Defendants jointly and severally against the Plaintiff KRW 205,00,000 and against the Defendant B from March 1, 2013.

Reasons

1. Basic facts

A. On November 23, 2012, the Plaintiff leased the said money to the Defendants by depositing KRW 35 million in the accounts in the name of No. D (CF bank and E account number).

B. Concluding the instant investment contract (hereinafter “A”), B (hereinafter “B”), and C (hereinafter “B”) shall prepare a joint investment contract related to the progress of the business in relation to the sale of the manufacturing place in Gyeonggi-do Kimpo-si F and G as follows, and shall comply with it in accordance with the principle of mutual trust and good faith.

Article 3 (Investment Funds)

1.A shall make an investment in cash of 100 million won in facility investments under this contract.

2. In order to manage the deposits and withdrawals of the funds under paragraph (1), investors shall open a separate bank account with D and manage the deposits and withdrawals of the funds concerned; and

Article 4. Distribution of Profits

1.The distribution of profits from the investment under Article 3 shall be made from the total sale amount of the project to Gap (100 million won) in addition to the investment (100 million won), and the remaining profits shall be paid to Eul and Byung;

2. The payment of earnings to Gap, Eul, and Byung under paragraph (1) shall be made in the respective bank accounts by D;

Article 5. Apportionment of Work

1. “A”, “B”, and “C” shall mutually cooperate in all business affairs concerning overall management and handle them;

D shall be responsible for the overall business of entry into and departure from the business.

Article 7 (Investment Period)

1. The contract term of this Investment Contract shall be three months for Gap, Eul, and Byung;

A contract expires between November 28, 2012 and February 28, 2013, and C, as provided in Article 4(1), shall be paid to C, while C, as in Article 4(1), shall be paid to C, even if an investment and a balance of KRW 100,000 (1,250) have occurred.

The Defendants changed the land category of the F and G land in the name of Defendant C (hereinafter “instant land”) into the factory site, and were engaged in the business of newly constructing a factory building, and selling the factory site on the ground (hereinafter “instant business”). The Plaintiff is below a joint investment contract with the Defendants on November 28, 2012 in relation to the instant business.