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(영문) 서울중앙지방법원 2016.08.23 2015가단170058
공탁금출급청구권
Text

1. The Defendant shall have the right to pay the deposit amount of KRW 32,142,226, deposited with the Seoul Central District Court 2015 Geum20.

Reasons

1. Facts of recognition;

A. On June 9, 2014, the Plaintiff entered into a fund investment contract with C (hereinafter “Nonindicted Company”) whose representative director is the Defendant and the Plaintiff to invest KRW 80 million as a security deposit for the purpose of supporting the business activities of the Nonparty Company (hereinafter “instant fund investment contract”).

B. The main contents of the instant funding agreement are as follows.

(1) Article 3 (Methods of Redemption)

1. The principal of the invested amount of KRW 80 million shall be repaid by cash transfer to the plaintiff's account;

2. It shall deposit 3% of the investment principal in the Plaintiff’s account with the investment commission separately from the foregoing investment commission.

3. Interest related to the investment deposit shall not accrue separately and shall be substituted by the investment commission of paragraph 2.

4. The period shall be one year.

(2) Article 4 (Prohibition of Exclusive Use) The non-party company is allowed to use the investment funds only for the purpose of the deposit.

Thus, the name is entered into in the name of the plaintiff.

(3) Article 6 (Forfeiture of Maturity)

1. Where the defendant delays the repayment date of the investment principal under Article 3 for at least 20 days, the plaintiff may immediately lose the benefit of the deadline and claim for the full repayment of the remaining amount invested.

2. The above paragraph (1) shall apply where the defendant has consecutively failed to pay the investment fees prescribed in Article 3 on three occasions, or violates Article 4.

3. From the date of loss of the benefit of time, the plaintiff can receive the principal by arbitrarily disposing of the store.

(d) Article 7 (Offer of Security)

1. The defendant shall provide the following security to the plaintiff to secure the performance of the obligations under this contract:

1) The Plaintiff shall deliver documents necessary for the termination of security at the time of termination of this contract to the Defendant for sale of the building and movable property operated by the Defendant.

(4) Article 8 (Disposition of Security)

1. If the defendant fails to perform his/her contractual obligations, the plaintiff shall dispose of the security provided by the defendant.

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