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(영문) 전주지방법원 2017.08.10 2016가합805
대여금
Text

1. The defendant shall pay 1,300,000,000 won to the plaintiff and 15% per annum from June 25, 2016 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff, an operator of C Co., Ltd. (hereinafter “C”), around 2010, purchased from D Co., Ltd. for 4.6 billion won the full-time city E (hereinafter “instant land”) and completed the registration of ownership transfer.

F was the president of D and G, and promoted the instant project of constructing and selling officetels on the instant land (hereinafter “instant project”).

Article 3 (Method of Joint Project) In order to achieve the objectives of the Project, Plaintiffs, H and Defendant Company shall share and cooperate with each other as follows:

1. The Project will contribute to the joint participation of the Plaintiff and H in the Project by investing funds in the Defendant Company.

② The Defendant Company and the Bank of Bankruptcy shall be responsible for the role and construction of the PM company in the overall project, such as authorization, permission, sale in lots, and construction of the said project.

Article 4 (Sharing of Shares) ① The H and the Plaintiff as an investment in a joint project shall invest 4.8 billion won (80% of the total amount invested) and the Plaintiff shall invest 1.2 billion won (20% of the total amount invested) and invest 6 billion won in total.

(2) Ownership of land for business shall be reverted to the defendant company at the time of confirming the amount of investment and making an investment, and (1) shares between the plaintiff and H shall be registered as shares of the defendant company.

At this time, it is possible to complete the bank loans for the project site so that the project site can be carried out in a clean state without restricted real rights.

B. F recommended H to invest KRW 6 billion in the instant project. Accordingly, on September 30, 201, the Plaintiff and H acquired 1,000 equity shares from the Defendant’s 1 member I, each of 500 equity shares and assumed office as the Defendant’s joint representative director. The Plaintiff and H decided to invest KRW 1.2 billion in the Defendant and KRW 4.8 billion in the instant project.

(hereinafter “instant joint investment agreement”). The main contents of the joint investment agreement formulated at that time are as follows:

C. The Plaintiff agreed to the Defendant on October 7, 201.

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