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(영문) 부산고등법원 2021.01.20 2020나50334
투자금반환 등
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

(b) the facts of the basis;

A. 1) The Plaintiff and the Defendant proposed that the Defendant make an investment in the commercial buildings of composite apartment complexes (hereinafter “instant commercial buildings”) conducted by D Co., Ltd. (hereinafter “D”) around February 2017, as the company engaged in the real estate trading business, the real estate auction, and the public auction; and the Defendant’s representative director C proposed that D Co., Ltd. (hereinafter “D”) make an investment in the commercial buildings of composite apartment complexes (hereinafter “instant commercial buildings”).

2) On April 13, 2017, the Plaintiff prepared an investment agreement with Defendant on the instant commercial building (hereinafter “the instant first investment agreement”) and a consulting agreement with the following contents. On the same day, the Plaintiff remitted KRW 300 million to the Defendant under the said investment agreement, and the Defendant remitted the said KRW 300 million to D.

The purpose of Article 1 (Purpose) of the Agreement is as follows with respect to the investment of funds necessary for the investment of the Plaintiff in the execution and sale business of the shopping mall in Busan Southern-gu E, the Defendant and the Plaintiff, as well as the Plaintiff, as provided in this Agreement, to make an investment of funds necessary for the Defendant to invest in the execution and sale business of the location of the shop in question by a private person as stipulated in this Agreement.

Section 2. (Investment in Funds) In accordance with this Agreement, the Plaintiff shall invest in cash the amount of KRW 300 million per day.

Article 3 (Investment Period) The Plaintiff and the Defendant agree that the term of this investment contract shall be 12 months from the date of the contract (from April 13, 2017 to April 12, 2018), the minimum term of contract shall be seven months, and the maximum term of contract shall be 12 months.

Article 4 (Payment of Profits) The profits from the Plaintiff’s investment deposit shall be KRW 90 million per day, and the interest on the profits shall be disposed of as source: Provided, That where the profits are paid before the agreed 12 months, the principal and the profits shall be calculated as the number of days and paid.

Article 7 (Special Matters)

1.In the event of failure to comply with this Agreement, the payments for investment and profits shall be made immediately by selling and selling the goods at the above location.

2. The agreement for parcelling-out between the defendant and D of Busan Southern-gu E Board.

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