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(영문) 울산지방법원 2019.06.13 2018가단65431
투자금반환 등
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) Co., Ltd. in KRW 28,430,831 and its related amount from January 15, 2019.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On August 30, 2017, the Plaintiff and the Defendant Company B (hereinafter “Defendant Company”) entered into an agreement as described below (hereinafter “instant agreement”). Defendant C, based on the said agreement, invested KRW 100,000,000 to the investors (C) and entered into an investment payment agreement as follows.

(Ar.m. and substitute) - Ar.-

1. Investment amount: One billion won per day (Won 100,000,000 won);

2. Date of payment for investment prohibition: The date of repayment on August 3, 2017 and the date of repayment (1) the repayment of investment funds: Three months from the date of receipt of the investment funds; the repayment of the investment funds may be extended by mutual agreement.

(The interest rate shall be the same time. 3) Investment interest: 10% interest per month (the interest rate shall be paid in lump sum after the deduction of 3.3% from one to three months).

(C) The loan amount of KRW 140,000 (Won 140,000,000): 10 million (Won 10,000)

1. The obligor, on December 30, 2017, borrowed the foregoing amount from the obligee and promised to reimburse the amount of KRW 1.5 million as follows:

2. The sales commission shall be paid in preference to the time when the sales commission is paid by the D Co., Ltd. during January 2018 as soon as the sales commission is paid.

B. On August 30, 2017, the Plaintiff remitted KRW 100 million to the Defendant Company in accordance with the instant agreement.

However, the Defendants failed to repay the above obligation on the repayment date stipulated in the instant agreement, and Defendant C, on January 2, 2018, ordered the Plaintiff to prepare and deliver a loan certificate with the following descriptions in the sense of promising the repayment of obligation under the instant agreement.

C. On February 23, 2018, Defendant Company transferred KRW 154,732,200, out of the claims against the E Regional Housing Association Promotion Committee, to the Plaintiff, and notified the said Promotion Committee of the assignment of claims at that time.

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