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(영문) 수원지방법원 2015.09.18 2015가합161
투자 및 수익금 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 6, 2011, the Plaintiff entered into an agreement with Defendant C and B (hereinafter “Defendant Company”) to attract investment and distribute profits with respect to the new construction of a newly built multi-household house in the Yeongdeungpo-gu E and F ground (hereinafter “instant agreement”). The main contents are as follows. Defendant D’s joint and several liability with respect to the Defendants’ obligations against the Plaintiff based on the said agreement.

Defendant C, G, and C: Plaintiff Company’s total amount of cash investment of KRW 655,00,000 in cash investment of KRW 1,155,000,000 in cash investment of KRW 500,000 in cash investment of KRW 3 (fund raising) by Defendant Company

1. Purchase funds of land. Article 5 (Income and Distribution of Principal of B and Income)

1. The earnings of Gap shall be the whole amount of surplus remaining after making the principal and profit-sharing under paragraph (2) of the following subparagraph:

2. Distribution of the principal of B and profits;

(a) Payment (1) Payment of the principal of the investment (300,000,000) is to pay 10% of the principal of the investment (300,000,000) to B for the payment of 60% of the principal of the investment (300,000,000) in each time (PF loan) out of the PF funds loaned according to the business progress.

(2) Method of payment of 40% (200,000,000) of the principal of the investment (in principle, payment shall be made in the sale price, and payment shall be made in 20,000,000 each time on the basis of the full payment of the sale price from five households to 5 households.

(2) Where an unsold article is unsold in lots due to a low record of sale in lots, the unsold article shall be repaid in lots, and the amount of payment in lots shall be calculated by providing it to 80% of the general sale price in lots, and where a difference between the principal and the payment in lots occurs, one party liable to pay the difference shall settle it in cash to the other party

B. (1) Determination of the distribution of earnings: (200,000,000 won (2) method of paying the proceeds under Article 5(2)(a) above is terminated when the sale by 10 households among the total unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit

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