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(영문) 서울중앙지방법원 2018.11.16 2017가합521176
약정금
Text

1. Defendant B Co., Ltd. is based on Article 4 of the Agreement on Joint Investment Agreements listed in the separate sheet No. 1 dated January 5, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant Company B (hereinafter “Defendant Company”)

On November 6, 2014, the Plaintiff purchased D’s non-performing loans (individual rehabilitation and credit recovery claims) by investing KRW 600 million in each amount of KRW 338,00,000, and the Defendant Company becomes the managing body of the Defendant Company, and entered into a joint investment agreement with the content that the Defendant Company would collect the said claims and distribute profits after collecting the said claims. (2) On December 22, 2014, the Plaintiff and the Defendant Company changed the claims subject to purchase into E’s non-performing loans (hereinafter “the instant non-performing loans”), and the Plaintiff newly entered into a joint investment agreement with the content that the Defendant Company would invest KRW 600,000 in total in addition to the existing investments (hereinafter “instant joint investment agreement”).

B. On December 9, 2015, the Defendant Company drafted a written agreement under a joint investment agreement, with the content that, on December 9, 2015, the Defendant Company repaid the outstanding portion of the invested principal to the Plaintiff by December 29, 2015, and that, on December 1, 2015, the Defendant Company would distribute profits from the collection amount accrued after December 1, 2015.

C. As the Defendant Company failed to repay the Plaintiff’s investment principal by December 29, 2015, the Plaintiff and the Defendant Company agreed to sell or liquidate the instant non-performing loans, on January 15, 2016 (hereinafter “instant agreement”). The Plaintiff and the Defendant Company repaid the amount of outstanding investment principal to the Plaintiff by January 15, 2016; the Defendant Company repaid the amount of outstanding investment principal to the Plaintiff by March 25, 2016; the amount of accrued after December 1, 2015; and the amount of sales or liquidation of the instant non-performing loans separately (hereinafter “instant agreement”).

The Defendant C, the representative director of the Defendant Company, jointly and severally guaranteed the obligation under the instant agreement by the Defendant Company. The main contents of the instant agreement are as follows. Article 2 (Repayment of Investment Principal ① The Defendant Company pays all the balance of the Investment Principal to the Plaintiff by March 25, 2016, which is the final repayment date, as follows.

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