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(영문) 부산고등법원 2019.07.11 2019나50574
약정금 및 대여금반환 청구
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning for the reasoning of the lower judgment and the reasoning for this part of the Plaintiff’s claim are as follows: (a) the reasoning for the judgment of the first instance is as stated in Articles 1, 1, 2, and 1, 20, respectively; and (b) the Plaintiff’s cause of claim; and (c) thus, they are cited pursuant

2. Determination on the principal of investment and the claim for the payment of investment proceeds

A. Determination as to the cause of the claim 1) If the Plaintiff and the Defendant Company deposited KRW 520 million with the investment money in the account of the Defendant Company with respect to the sale of office rooms 40 million among the main complex buildings of this case around September 2015, the Defendant Company entered into an investment deposit agreement with the Plaintiff at the time when the said main complex building starts sale in a fixed manner to pay KRW 520 million to the Plaintiff the investment principal and KRW 836 million with the investment income at the time of the commencement of sale in lots. Under the instant investment deposit agreement, the Plaintiff’s obligation to pay KRW 500,000,000 to the Plaintiff at the time of sale in lots, including the total investment principal of KRW 30,000,000,000,000 to KRW 50,000,000,000,000 to the Defendant Company from around September 26, 2015, it is reasonable to view that the Plaintiff received the investment principal of the instant apartment building and KRW 3006,0,0,0,00,0,0.

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