logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.03.22 2014가합13424
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 682,456,575 and the interest rate thereon from November 24, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendants became aware of the lack of funds when they newly built multi-household housing on the ground of Gwangju City D, E, F, and G land (hereinafter “instant land”) owned by the Defendants, and came to know of H engaging in credit business around September 2013.

H agreed to provide the Defendants with insufficient funds, and agreed to enter into an advisory agreement on the overall construction of the above multi-household housing with the Defendants, and to receive 10% of the funds raised from the fees.

B. After entering into the above advisory contract, H introduced I to the Defendants as an investor of the fund, and as an architect in charge of construction, respectively.

C. H demanded the Defendants, as a condition for financing, to set the right to collateral security of KRW 1 billion with the maximum debt amount, to the Plaintiff. Accordingly, on October 22, 2013, the Defendants set the right to collateral security of KRW 600 million with the maximum debt amount, as security for the instant land and the multi-household housing building to be constructed on the ground thereof, and for the Plaintiff, Gwangju City J, K, L, and ground buildings owned by the Defendant C, the maximum debt amount of KRW 60 million with the maximum debt amount, and the Plaintiff’s wife M.

On October 23, 2013, the Plaintiff and the Defendants drafted an investment agreement (hereinafter referred to as “instant investment agreement”) with the initiative of H as follows:

- - The Plaintiff shall pay to the Defendants an investment amount of up to KRW 70 million, and shall be guaranteed the Defendants with a fixed profit of 5% the principal and/or 5% per month.

② The Defendants shall jointly and severally return to the Plaintiff the invested principal and profits within three months from the date of receiving the said principal and profits, and the said period may be extended to a maximum of two months.

E. In preparing the instant investment agreement, H received KRW 70 million from the Plaintiff, and thereafter deducted KRW 13.5 million from the said amount to his fee, registration fee, etc., and paid KRW 21 million to I, a construction business entity, as advance payment, after deducting KRW 100 million from the monthly interest calculated by 3% per month.

F. H on October 23, 2013, the Defendants are the Defendants.

arrow