logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.09.10 2019나2050428
양수금
Text

1. The judgment of the first instance, including the Plaintiff’s claim expanded and added by this court, is as described in paragraph 2 below.

Reasons

1. Basic facts

A. On November 8, 2016, C entered into a contract with the Defendant to invest KRW 600,000,000 (hereinafter “instant investment”) (hereinafter “instant investment contract”). Of the terms and conditions of the instant investment contract, the parts related to the instant case are as follows:

Article 1 (Purpose of the Contract) This Agreement is to conclude a contract with C to make an investment in the Defendant and to establish all related matters for the smooth progress of the construction project of officetels (hereinafter referred to as the “instant project”) in the Seoul Special Metropolitan City Gwangjin-gu and one parcel, which is undertaken by the Defendant.

Article 4 (Investment Period) The investment period shall be 24 months, and where the project in this case is completed early, the time shall be the time of termination of the investment.

Article 5 (Return of Investment and Early Repayment) (1) The earnings from investment made by C to the defendant shall be 10% of the business profits after deducting the total corporate tax.

Provided, That where the business profit of the former is less than 6 billion won, the profit of 600 million won shall be paid preferentially.

(2) The time to pay investment returns shall be the day following the day on which the trust contract between E and the defendant related to the instant business is terminated.

(3) Notwithstanding the provisions of Article 3 and paragraphs (1) and (2) of this Article, the defendant may repay the investment amount to C at an early stage.

In such cases, the following investment profits shall be paid along with the principal, and the repayment of investment profits in excess of 12 months shall be deemed the same as the repayment following the conclusion of the business in this case:

1. Repayment within three months from the date of investment: Investment proceeds equivalent to 30 percent of the investment proceeds;

2. Repayment within six months from the date of investment to more than three months: Investment proceeds equivalent to 50 percent of the investment proceeds;

3. Repayment within six months to nine months from the date of investment: Investment proceeds equivalent to 70 percent of the investment proceeds;

4. Redemption from investment date to 12 months from the date of investment: Investment proceeds equivalent to 80% of the investment proceeds;

B. C shall conclude the instant investment contract.

arrow