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(영문) 의정부지방법원고양지원 2015.12.10 2014가합8714
운영권확인 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Presumption

A. On April 2013, the Plaintiff was proposed from Defendant B to make an investment in the business of operating the medical care center in the Goyang-gu H Ground Building in Gyeyang-gu, Gyeyang-gu (hereinafter “instant building”).

On June 7, 2013, the Plaintiff entered into an agreement with Defendant C (Defendant D’s wife) who represented Defendant D.

(A) On April 1, 2013, between the owner of the instant building and the owner of the ownership of the 6th, 7th, 601, 701, 8th and 801 on the registry of the 8th and upper floors of the instant building, entered into an investment agreement with the following contents:

(hereinafter “instant investment agreement”). Defendant B jointly and severally guaranteed Defendant D’s obligations under the instant investment agreement.

Defendant D and the Plaintiff agreed to establish a medical care center on the 6, 7, and 8th floor of the instant building by Defendant D and the Plaintiff as follows.

Article 1 (Investment Amount) The Plaintiff shall invest KRW 300 million and KRW 100 million in total from June 30, 2013 to Defendant D as facility funds by June 14, 2013.

Article 3 (Period of Investment Arrangement) The investment period shall be five years from the date of receipt of earnings.

Provided, That both parties may extend the period through consultation.

Article 4 (Payment of Profits for Investment Money) 1) Profits for Investment Money shall be paid 3% per month (12 million won per month) in a fixed form. Article 7 (Guarantee of Claims) 1) Defendant D shall be the amount of collateral security on the 6th floor of the building with the acquisition of claims for the amount of investment to the Plaintiff.

2) After the permission of the medical care center was granted, Defendant D and the Plaintiff will substitute the instant commercial building with a promissory note notarial act. 3) Defendant D will transfer the instant commercial building to the Plaintiff within the scope of 3 square meters per floor.

The time of transfer shall be prior to the permission or the term of medical care.

B. In accordance with the instant investment agreement, the Plaintiff paid to Defendant D totaling KRW 400 million on June 14, 2013 and KRW 100 million on August 2, 2013.

C. The Plaintiff and Defendant D actually form the Defendant B and the Plaintiff, and Defendant B affix their seals.

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