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(영문) 서울중앙지방법원 2017.04.13 2016가합510162
투자금 원금 상환 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 525,000,000 won and 6% per annum from March 1, 2015 to April 13, 2017.

Reasons

Facts of recognition

On October 29, 2014, the Plaintiff and the Defendants entered into a joint agreement to jointly build and lease a rental apartment on two parcels, including D, Jin-si, and D.

In the instant joint business agreement, the Plaintiff and the Defendants agreed to invest KRW 525 million in the instant business. The Defendants paid to the Plaintiff the entire amount of the invested principal in installments in January 30, 2015 and February 28, 2015. However, the amount equivalent to KRW 1.5 billion out of the root year in an amount equivalent to KRW 6 billion cultivated in the E DailyF reservoir in the Jinjin-si, shall be shipped out from December 30, 2014 to February 28, 2015, and shall be paid in the settlement amount, and the Defendants shall be paid in full. G Co., Ltd., a special purpose corporation (hereinafter referred to as “G”) established to promote the said new apartment construction and lease business until the Defendants redeem the entire investment principal.

On October 31, 2014, the Plaintiff paid the Defendants KRW 525,00,000 as the project cost of the instant case.

[Ground of recognition] The defendants are jointly and severally liable to return the investment principal to the plaintiff 525,00,000 won, unless there are special circumstances to the contrary. The defendants are jointly and severally liable to return the investment principal to the plaintiff according to the above facts of finding that Gap's evidence Nos. 1 through 5 (including the number of branch numbers) and the purport of the whole argument as to the claim for

As to this, the Defendants decided to return the investment principal of this case to the price after the harvest and sale of root year. As such, the period during which the obligation to return the investment principal was due at the time of harvest and sale of root year, and the Plaintiff could not harvest root year due to the lack of expenses necessary for such harvest, and the Plaintiff’s failure to harvest root year due to the occurrence of provisional attachment execution procedure against root year, the obligation to return the investment principal has not yet arrived or the due date has been postponed by the time of actual harvest.

However, evidence No. 1-3.

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