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(영문) 서울중앙지방법원 2018.12.05 2017가합29922
투자금반환 청구의 소
Text

1. The Defendants jointly and severally against the Plaintiff KRW 100,000,000, and against the Defendant C, from October 20, 2017.

Reasons

1. Basic facts

A. On August 13, 2014, the Plaintiff entered into an investment agreement with the Defendants (hereinafter “instant investment agreement”) with the following content.

In order to develop main complexes and loans, which are residential spaces, at around 408, in the land listed in the attached list of the agreement (hereinafter “instant land”), the defendant company and the plaintiff shall determine their respective obligations as follows:

A. L. L. L.I.

1. The investor Plaintiff shall immediately pay approximately KRW 4-50 million upon the request of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”) as the cost of construction for the main complex and sub-loan of the instant land.

2. In the event of the payment of the money under Paragraph 1, the Defendant Company shall set up a right to collateral security of KRW 300 million in the name of the Plaintiff on the instant land. If the Defendant Company prepares the construction price by creating a financial right PF or trust with respect to the instant land in order to prepare the construction price, the Plaintiff shall cooperate with the Plaintiff’s demand for the financial right

In this case, the defendant company should secure 50% of the shares of the land of this case to the plaintiff.

3. The Defendant Company shall guarantee an annual interest of 60% with respect to the investment amount, and if the investment amount is not paid in cash due to the lack of sale, it may pay the amount in lieu of 15% of the total amount reduced by 15%.

Si Corporation: Representative Director D, Chairperson C Investor: Plaintiff

B. Around August 2014, the Plaintiff drafted a joint implementation certificate with the Defendant Company and E, as follows (hereinafter “instant performance certificate”).

A joint project implementation certificate shall be prepared to jointly develop the land 408.3 in the instant land, which is a residential space, and set up a joint project implementation certificate to maximize mutual interests, and the obligations of each person shall be determined as follows:

A. L. L. L.I.

1. The land owner E shall provide this case’s land for this purpose project.

provided that, at the time of the joint project.

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