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(영문) 서울고등법원 2019.05.30 2018나2031161

원상회복 등

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

E On May 25, 2016, between the Plaintiff and the Plaintiff on May 25, 2016, when the Plaintiff invested KRW 400 million in the D Residential Environment Improvement Project (hereinafter “instant project”), the Defendant entered into a financial investment contract (hereinafter “instant investment contract”) with the content that the Plaintiff shall pay the investment amount and the investment profit to the Plaintiff. The Defendant jointly and severally guaranteed the Defendant’s obligation under the instant investment contract to the Plaintiff.

The main contents of the instant investment contract are as follows.

Article 1 [Purpose of Contract] The purpose of this Agreement is to determine the roles and contents of the Plaintiff and the Defendant in relation to the residential environment improvement project (the instant project) conducted by the Plaintiff and the Defendant in Gangwon-do.

Article 2 [Form of Contract]

1. The plaintiff and the defendant shall proceed with all matters relating to the above business under mutual cooperation, and determine the necessary matters in consultation.

2. The Plaintiff shall invest KRW 400,000 ( KRW 400,000) in order to promote the project set forth above.

Article 3 (Period and Extension) The term of validity of this Agreement shall be from May 23, 2016 to the time of repayment of investment and profit, and shall be determined in writing upon mutual agreement by no later than one month prior to the expiration of the Agreement.

Provided, That matters necessary for the renewal of a contract shall be reflected in the contents of the contract in mutual consultation.

Article 5 [Business Affairs of the Plaintiff] The Plaintiff shall invest the full-time KRW 400,000 (Won 400,000,000) as land contract money and operating expenses to ensure the successful operation of the instant business.

Article 6 (Duties of Defendant)

1. The defendant shall execute all of the land purchase and incidental expenses in accordance with the business schedule in order to facilitate the project of this case through consultation with the plaintiff.

Article 9 (Termination of Contract) The plaintiff shall be entitled to terminate the contract in any of the following cases: