(영문) 수원지방법원 안양지원 2017.01.06 2016가합101551

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(영문) 수원지방법원 안양지원 2017.01.06 2016가합101551

손해배상(기)

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1. As to the Plaintiff’s KRW 1,760,00,000 and KRW 1,700,000 among them, the Defendant shall from January 1, 2010 to May 26, 2016.

Reasons

1. Basic facts

A. On October 20, 2006, the Plaintiff entered into an investment contract with the Defendant with respect to C (hereinafter “C”) established and operated by the Defendant. On the same day, the Plaintiff transferred to the Defendant the right to return the lease deposit amount of KRW 200 million for the first and second floors of the Gangnam-gu Seoul Building D, Seoul, which was leased by the Plaintiff.

3. Investment in C and distribution of profits;

A. The plaintiff (the plaintiff) shall complete to Eul (the defendant) an investment in total of KRW 800 million, including KRW 60 million in cash and KRW 200 million in the building located in D buildings, until October 30, 2006.

5. Distribution of dividends and equity sale of invested amount of Party A;

A. The principal of the investment of Party A in relation to Party C shall be the initial date of December 30, 2008.

(f) C shall compensate Party A for the premium (100 million won) for D’s building at a suitable time.

7. Cases concerning the cancellation of a contract;

A. At the request of Party A, Party B agrees that Party A’s equity in the principal method of investment to provide Party A with KRW 100 million premium and to recover the equity in the principal method of investment.

8. A contract entered into with A prior to the conclusion of the present contract null and void of the previous contract shall become void.

B. On October 20, 2006, the Defendant entered into an investment contract with E with the following contents, and E paid KRW 800 million to the Defendant, and on December 19, 2008, the Plaintiff acquired the obligation to return the investment amount of KRW 800 million to the Defendant from E.

5. The sale of dividends and shares for the amount invested by Gap (E);

A. Party A’s principal of investment in Party C shall be calculated on December 30, 2009.

7. Cases involving the reversal of a contract; and

A. At the request of Party A, Party B agrees Party A’s equity in the principal method of investment to provide Party A with an annual amount of KRW 800 million and to recover the equity in the middle of the request.

C. On August 6, 2008, the Plaintiff leased KRW 100 million to the Defendant on November 30, 2008, with the interest rate of KRW 2% per month and November 30, 2008, and the Defendant from September 6, 2008 to November 6, 2008.

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