logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2015.11.06 2015가합144
출자금반환
Text

1. The Defendant: (a) KRW 400,000,000 for the Plaintiff and KRW 20% per annum from February 11, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant are the persons who engage in construction business with the trade name of C.

B. Upon the Defendant’s recommendation, the Plaintiff decided to invest KRW 400 million in the Changwon-si D ground E Apartment Construction Corporation (hereinafter “the first construction”) implemented by the Defendant. On April 15, 2012, the Defendant: (a) invested the Plaintiff with total construction cost of KRW 1.3 billion; and (b) made a written confirmation that the settlement of accounts for the investment amount at the time of sale of apartment units would be distributed at the rate of total investment amount. The Plaintiff paid a total of KRW 400 million to the Defendant from April 15, 2012 to July 19, 2012. (c) The Plaintiff and the Defendant settled the Plaintiff’s existing investment amount and profits with respect to the first construction around March 2013, the Plaintiff agreed to re-investment in the construction project by adding the second construction project to “the second construction project and the second construction project”).

On the other hand, on May 21, 2013, the Defendant returned KRW 100 million to the Plaintiff upon the Plaintiff’s request.

E. On October 2014, after the completion of the secondary construction, the Plaintiff demanded the Defendant to settle the instant construction work, and the Defendant, on October 31, 2014, drafted a letter stating that “The Plaintiff shall keep KRW 500 million in custody, return KRW 100 million in preference to the Plaintiff on November 3, 2014, and pay the remainder KRW 400 million by the end of December 2014” (hereinafter “each of the instant notes”).

F. On November 3, 2014, the Defendant paid KRW 100 million to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 6, and 7, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant, except in special circumstances, shall make the remaining KRW 400 million out of the agreed amount under the letter of this case and a copy of the complaint of this case as sought by the plaintiff.

arrow