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(영문) 대전지방법원 2018.11.21 2018가합446
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 368,328,391 as well as the period from February 25, 2018 to November 21, 2018.

Reasons

Basic Facts

As regards the investment of “A” (referring to the Plaintiff) to “B” (referring to Defendant B and the Defendant Company), the following arrangements shall be made:

Subject matter: Investment amount of Daejeon E (hereinafter referred to as “instant land”): Article 1(Investment of Funds) of the KRW 400 million shall invest KRW 400 million to B.

Article 2 (Use of Investment in Funds) A shall invest in B, and B shall use it for project costs of the object.

Article 3 (Period of Recovery and Disposal of Investment Money) B shall be the period for returning February 24, 2018 after receiving investment money from A on February 24, 2017.

Provided, That the earnings for one year after the completion of the project shall be compensated and paid at the same time.

Article 4 (Remittance of Funds and Payment of Profits)

2. The KRW KRW 300,000 out of the total amount of investment shall be deposited on February 24, 2017, and the remaining KRW 30,000 shall be deposited before April 30, 2017.

3. B shall pay A investment funds and investment profits by not later than February 24, 2018.

On October 20, 2017, the sales contract (F & G) for an object was issued to A, and upon the failure of the agreement, A may dispose of it.

Provided, That when this agreement is implemented by B, A shall return the contract for sale in lots to B, and it shall lose the effect of the contract for sale in lots.

On February 24, 2017, the Plaintiff entered into an agreement with Defendant B with the following terms and conditions (hereinafter “instant agreement”).

Japan: The above amount of Liber billion won shall be kept in cash at a fixed rate.

The cash custodian: Defendant B is responsible for the proceeds of KRW 300 million out of the above amount on February 24, 2018.

The plaintiff paid KRW 400 million to the defendant B on the same day and received a cash custody certificate from the defendant B with the following contents.

Japan: The daily sum of KRW 00 million shall be paid by December 15, 2017, and the remainder of the investment profits shall be paid by December 24, 2018.

b) the Commission;

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