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(영문) 서울고등법원 2020.12.11 2019나2058293
부당이득 반환 등 청구의 소
Text

1. Revocation of the first instance judgment.

2. All of the instant lawsuits are dismissed.

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

Reasons

Basic Facts

The Plaintiff as the parties is the implementer of the Gangdong-gu Seoul Metropolitan Government Construction period from January 15, 2018 to October 30 of the same year, the business facilities of the first underground floor, the 13th ground floor, and the Newly constructed multi-household housing (hereinafter “instant construction”). The Plaintiff is the implementer of the above business facilities and multi-household housing (hereinafter “instant building”).

The actual implementer of the instant construction is the Plaintiff’s father M.

The defendants are companies with the main purpose of real estate development, financial consulting, real estate consulting, etc., and both K actually operates.

On January 30, 2019, the Plaintiff and the Defendants (hereinafter “Defendant B”) entered into a contract with Defendant B (hereinafter “Defendant B”) and H Co., Ltd. (hereinafter “H”) with the following content:

(hereinafter “The instant monetary contract”). Defendant B, the Plaintiff of the instant construction business owner, and the Plaintiff’s construction business chain enter into the following contracts with respect to cash investments in Defendant B for the completion of new buildings:

Article 2 [Defendant B’s Investment Funds] Defendant B shall invest 80 million won in the Plaintiff on the following terms:

(1) Primary investment: Investment of 300 million won in cash by January 31, 2019.

(2) Secondary investment: Investment in cash amounting to 500 million won by February 28, 2019.

Provided, That the second investment may be somewhat extended according to the field conditions of the Plaintiff and H.

Article 3 [Obligation of the Plaintiff] (4) The Plaintiff is responsible for completing the instant construction work.

6. The Plaintiff is responsible for lending or selling financial rights after completion of construction, and the investment funds invested by Defendant B shall be repaid as the top priority and the unpaid construction price shall be settled.

Article 5 [Collection of Investment Funds and Distribution Time in Defendant B] The timing of collection of Investment Funds and Investment Interest Funds in Defendant B shall not exceed one month from the date of payment of Article II Section 2 Section 2.

Provided, That where it is inevitable, it may be extended by 15 days.

Article 7 (Matters of Special Agreement)

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