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(영문) 광주지방법원 2019.06.14 2018가단530764
부당이득 등 청구의 소
Text

1. The Defendants jointly share KRW 151,658,660 to the Plaintiff and Defendant B with respect thereto from October 5, 2018, and Defendant C.

Reasons

1. Basic facts

A. The Plaintiff is the representative director of D Co., Ltd. (hereinafter “Nonindicted Company”) who runs the manufacturing and processing business of agriculture, water, livestock products.

B. On July 1, 2016, the Plaintiff and Nonparty Company drafted to the Defendants an investment agreement with the following terms and conditions (hereinafter “instant agreement”).

Article 1 (Purpose of Investment) The plaintiff and the non-party company (hereinafter referred to as "A") shall be invested KRW 200 million from the defendants (hereinafter referred to as "B") in order to engage in agriculture, water, livestock products manufacturing and processing business, and Gap shall pay the proceeds of investment that the plaintiff and the non-party company (hereinafter referred to as "A") have promised to carry on business in good faith and to pay to B with the investment

Article 2 (Distribution of Investment Funds and Revenues from Investment)

1. Eul shall invest KRW 200,000 in connection with the performance of the above project to Gap.

2. “A” guarantees the payment of the full amount of KRW 200,000 and KRW 200,000,000 for the principal of the said investment, regardless of the failure of the project in question, and for this purpose, the establishment registration of a neighboring mortgage at KRW 260,000 for the land and buildings owned by the Plaintiff in Gwangju Mine-gu (hereinafter “instant real estate”).

3. A shall pay 220,00,000 won to B with the principal of investment and profit (on a daily basis, at the same time the said money is paid to B, and at the same time, deliver to a certified judicial scrivener designated by A the cancellation documents of the registration of creation of a neighboring mortgage at the same time) with respect to the profits that A promises to pay additionally, and with respect to the profits that he/she promises to pay additionally, he/she shall pay to B, from September 30, 2016;

4. A shall, with respect to the principal and interest of the investment that A promised to pay to B even once, if the payment has not been made, lose the benefit of time and claim B for the unpaid principal and interest of the investment to B at one time, and A shall make the said investment to B.

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