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(영문) 수원지방법원여주지원 2017.11.15 2017가합222
약정금
Text

1. The Defendant: (a) KRW 500,000,000 and the Plaintiff’s annual rate from December 6, 2016 to April 3, 2017.

Reasons

1. Article 3 of the basic facts [the purpose of the contract of this case] The agreement of this case is to regulate all rights and duties related to the business promoted by the defendant that is engaged in certain investments.

Article 4 [Performance of Investment] The Plaintiff shall invest a total of KRW 250,000,000 in accordance with the formation of the Agreement and shall comply with the following terms:

(2) At the same time as the instant agreement, the Defendant, upon the execution of the investment, shall prepare and provide a notarial deed under a monetary loan agreement to guarantee the Plaintiff’s investment funds. At the same time, at the time of the investment amount, the agreement of this case was made in the amount of KRW 50,000,000 (payment terms) and at the same time, at the deposit account designated by the Defendant within 30 days from the date of the instant agreement of this case, KRW 100,000,000 designated by the Defendant, and at the same time, at the deposit account designated by the Defendant, within 30 days from the date of the instant agreement of this case, KRW 1,00,000,000 (10,0000,000) on November 25, 2014, which received the instant real estate subordinated claim (22457, May 26, 2014), Article 5 [Attachment to the instant real estate management]

(5) The defendant shall bear all the expenses and funds necessary for the main business.

6. The plaintiff shall conduct the sale of real estate in the form of documents and the place of business necessary for the business.

7. The period of management of the instant agreement shall be the time the sale and purchase of the instant real estate is completed.

Article 6 [Guarantee of Principal for Investment Projects and Payment of Profits] ① The defendant promises to ensure that the following profits shall be guaranteed to the plaintiff:

Guarantee of investment amount: 500,000,000 won (including principal of KRW 250,000,000)

B. Guarantee of real estate management costs: The real estate management cost of this case and the promise to guarantee the payment of 10% of the lease amount. (2) The Defendant acquired 10% of the acquisition value at each time of acquisition, regardless of the number of times when acquiring the money with the real estate as security (investment money, loan, bond, bond, monthly loan, etc.) to the Plaintiff.

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