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(영문) 전주지방법원군산지원 2015.10.23 2015가단53020
부당이득금반환
Text

1. The Defendant’s KRW 39,510,00 for the Plaintiff and KRW 20% per annum from July 14, 2015 to September 30, 2015.

Reasons

1. Article 1 [Obligation of Defendant A] of the Basic Facts (hereinafter referred to as “Defendant A”) shall invest as of September 1, 201, in B, designated and publicly notified in the Public Notice of the Korea Forest Service notice C on July 7, 2011, the term “B”, from July 2009 to July 201, to the Plaintiff (hereinafter “B”) and actively cooperate in the business activities and profit increase of “B” and the development of the company.

Article 2 [Duty of “B”] (1) “A” shall provide “A” with all of the Dassaw equipment, Gunsan City owned by the Saemangeum Industry, upon completion of the investment obligation of Article 1 above, and (1) “A” shall provide “A” with security.

(3) “B” shall provide “A” with the following: (a) advance investment for the designation of “B”, the price for contribution, and the dividend of dividends until the expiration of the B project:

1. It shall be entered into the office with directors, and with respect to the amount of KRW 700,000,000 (70,000) which exceeds the total amount of investment, gold full-time KRW 28,000 (28,00,000) shall be paid as wages and dividends on the 25th day of each month in January and February, which is non-receiving period;

The above benefits and dividends shall be increased every two years by mutual agreement.

2. The corporation, credit card, and large automobiles in the corporate name shall be provided free of charge due to business promotion expenses, vehicle maintenance expenses, etc.;

Article 4 [Cancellation of Contract] ① Where “A” without good cause performs the obligations under the above Article 1, and “B” fails to perform the obligations under the above Article 2, “A” and “B” may terminate the contract after written notification.

(2) The term "A" or "B" shall transfer its intention to terminate this contract by written notification if any justifiable ground falling under the termination of the contract occurs.

(3) "B" shall be paid twice the amount of investment, etc. (including the amount of benefits, etc. prescribed in Article 2 (3)) to "A" as penalty for breach of duty due to the above Articles 2, 3, and nonperformance of obligation.

The Plaintiff and the Defendant invested KRW 700 million, which the Defendant lent to the Plaintiff on August 12, 2011, in relation to the Plaintiff’s business, as of September 1, 2011.

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