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(영문) 수원지방법원성남지원 2014.08.29 2013가단31150
투자금반환
Text

1. The Defendant’s KRW 79,695,290 for the Plaintiff and 5% per annum from October 1, 2013 to August 29, 2014.

Reasons

1. Basic facts

A. On February 19, 2007, a vessel listed in the attached list owned by the Defendant (hereinafter “instant vessel”) was sunken in the vicinity of 3.5 mama on the south of the Haan-gun, Newannam-gun on February 19, 2007.

B. On July 21, 2012, the Plaintiff and the Defendant concluded a contract with the Defendant regarding the investment of funds necessary for the instant construction (hereinafter “instant contract”) under which C was contracted with the Defendant for the salvage and dismantling of the instant vessel (hereinafter “instant construction”).

Article 1 "B" (referring to the plaintiff; hereinafter the same shall apply) which is an investor of the vessel of this case under Article 2 of the vessel of this case, indicating the sunken vessel of this case, shall invest gold KRW 100,000,000.

Purpose of advance investment: Investment for the purpose of making profits of 60 won per kg of the market price at the time of the scrap metal sale.

Article 3 The use of the funds invested in advance is limited to the raising and dismantling work of D, and it may be disbursed in consultation with “B” even when A (the defendant is referred to as the defendant; hereinafter the same shall apply) proceeds so far.

(1) Article 6 15,00,000 (FF Company B receipt amount) of E Company-related funds : 3,000,000 (F Company B receipt amount) on July 18, 2012 : : 5,000 :0,000 : 23, 2012 : 3,000,000 : 27,000,000,000 : 27,000,000,000 : 23 August 2012 ; 3, 2012 ; 3,000,000,000 ; 23,000,000 ; 23,000,000 ; and 3,00,000,000 ;

Article 7 "A" and "B" shall pay "A" the 100,000,000 won of the advance investment payment ( e.g. 100,000,000) to "A" after signing and sealing this Agreement.

KRW 50,000,000 of the amount under Article 3, e.g. ing e. 50,000,000 of the substitute balance e.g. e. 50,00,000,000,000 shall be the construction cost, and “B” shall be deemed to be “B” if “B” is delayed for at least 45 days due to the failure to facilitate human e.g., dismantling and dismantling works, and its amount of compensation.

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