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(영문) 광주고등법원 2020.10.28 2017나10083 (1)
약정금
Text

1. The part of the judgment of the court of first instance against the defendant is modified as follows.

The plaintiff is exchanged in this court.

Reasons

1. Basic facts

A. The co-defendant B Co-Defendant B, Ltd. (hereinafter “B”) of the first instance trial, including the status of the parties, was changed to land for a factory after completion of the previous building E in 201.

It is a company that has promoted the business of constructing apartment-type factory-type buildings (hereinafter “instant business”) in the area of 6,684 square meters (hereinafter “instant land”).

The defendant is the representative director B.

Co-Defendant D of the first instance trial (hereinafter referred to as “D”) is a person who actually operates B.

F is a person involved in the transaction between the plaintiff, B, etc.

(F) The specific roles of F are examined in the following sub-paragraph (b) or below).

On December 29, 2011, the Plaintiff, B, Defendant, and F entered into an investment arrangement containing the following contents:

(A) Certificate No. 1, hereinafter referred to as the “instant investment agreement”) . Notice on the investment

3. B, the Defendant, and F shall jointly and severally guarantee the principal and conclusive profits, and the following agreed terms and conditions. (A) The Plaintiff shall invest the total amount of KRW 500 million (Won 500,000,000) in B, the Defendant, and F with respect to the investment in the instant project, as to the Plaintiff’s investment in the instant project, shall guarantee the Plaintiff’s investment profits of KRW 200,000 (Won 200,000,000) with respect to the amount of KRW 50,000 of the Plaintiff’s investment principal.

C) B, the Defendant, and F enter into a sales contract with respect to KRW 130 million of investment income, with respect to KRW 100 million of investment income, on the 214 square meters of the above factory Dong building ( KRW 3.5 million of daily gold = KRW 749 million of daily gold). After the construction of a new factory and approval for the use of the building, the procedures for registration of ownership transfer shall be implemented in the name of the person designated by the Plaintiff. However, the above sales contract entered into between B, the Defendant, and F shall be restored to the original state if the Plaintiff pays the full amount of the investment principal and the revenue within the fixed period. The above sales contract entered into between B, the Defendant, and F shall be restored to the original state. The Plaintiff jointly and severally (hereinafter “instant investment agreement”).

at the same time.

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