logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.01.30 2018가합539150
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 4,539,397,260 as well as 24% per annum from May 23, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 25, 2006, the Defendant entered into an investment agreement with C (Co., Ltd. D: hereinafter “C”) on the new construction project of Pyeongtaek-si Ebble ground (hereinafter “instant investment agreement”), and the main contents are as follows.

Article 1 (Purpose of Agreement) The purpose of this Agreement is to obtain investment from C in part of the initial project cost, such as land sales contract, and to determine all the rights and obligations arising from the repayment of principal and payment of investment profits, when the defendant purchases the land and implements a new construction project of multi-family housing.

Article 2 (Investment and Redemption of Funds)

1. C shall invest in the Defendant part of the initial project cost required for the project set forth above, which is KRW 00 million.

2. The Defendant shall guarantee C’s repayment of principal of the invested money, and shall pay C the principal of the invested money invested by C within one month after the sale rate reaches 80% by selling the above multi-family housing.

3.With respect to C’s investment proceeds, C’s share in the Project shall be 20 per cent.

4. If the business profit after the business mentioned above is less than the amount equivalent to C’s 10% annual interest on the investment deposit, the Defendant shall be liable for the amount equivalent to 10% interest per annum, and if not, it shall be paid the amount equivalent to the amount allocated by the Defendant and C as the same status and the amount equivalent to 10% interest per annum on the investment deposit.

The time of payment of business profits shall be within three months from the time of collection and completion in consultation with the contractor.

5.Where, due to unavoidable reasons, the repayment of principal of the investment under paragraph 2 above and the payment of the investment under paragraph 4 above are delayed, the defendant shall pay C interest in arrears equivalent to 12 per annum.

B. A (hereinafter “A”) around October 2006 entered into a contract with C and the Defendant for acquisition of investment deposit claim (hereinafter “instant claim”) (hereinafter “instant acquisition agreement”).

arrow