logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.07.01 2014가합8015
부당이득금
Text

1. Defendant D’s KRW 51,530,995 for Plaintiff A and its related KRW 51,530,995 per annum from December 16, 2014 to July 1, 2015.

Reasons

Basic Facts

Plaintiff

A and Defendant D entered into an investment agreement between Plaintiff A and Defendant D, and around May 2012, the Plaintiff’s project (hereinafter “instant project”) that newly constructs and sells a string hotel in Seo-gu Daejeon, Daejeon, with Defendant D invested KRW 350,000,000, and the Plaintiff A paid Defendant D KRW 700,000,000 in total of the investment principal and agreed income (hereinafter “instant investment agreement”).

According to the instant investment agreement, Defendant D paid the Plaintiff KRW 300 million in total as indicated in Table 1 from May 25, 2012 to August 16, 2012.

On May 25, 2012, 100, 60,000 on June 10, 2012, 200, 30,000 on June 8, 2012, 30,000 on June 10, 200, 30,000 on April 16, 2012, 30,000,000 on August 16, 2012, 30,000,000: Defendant D’s primary investment payment details; on the other hand, Defendant D demanded the Plaintiff to set up a collateral security right to secure the returned claim by paying KRW 20,00,000 out of the primary investment payment.

이에 따라 원고 A, C이 각 1/2 지분씩 공유하는 별지 [표1] ㉮, ㉯항 기재 각 부동산에 관하여 각 항 ㉣ 부분 기재와 같이 채권최고액을 2억 원으로 정한 피고 E 명의의 근저당권설정등기가 경료되었다.

Plaintiff

On August 27, 2012, between A and Defendant D, the investment agreement of this case was drafted as follows:

On the same day, the plaintiff A and the defendant D agreed that the defendant D invested in the new construction project of the previous plaintiff A and the outstanding amount of KRW 50 million out of the outstanding amount of KRW 100 million, which was not recovered, in accordance with the investment agreement of this case.

As of August 27, 2012, according to the investment agreement of this case, Defendant D paid to Plaintiff A according to the investment agreement of this case, totaling KRW 350 million (=actual payment + KRW 300,000 + KRW 50 million).

Investment goods: A construction contractor for the implementation of the project of Plaintiff A (B) investment attraction company Defendant D (B) investment attraction investor in Seo-gu Daejeon District of Daejeon District:

arrow