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(영문) 부산고등법원 2015.06.11 2014나7353
대여금
Text

1. The plaintiff with respect to the primary claim that constitutes the money ordered to be paid under the judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. On May 2006, the Plaintiff invested in the business (hereinafter “instant business”) that purchased a factory site from G, the representative director of E Co., Ltd. (hereinafter “E”) and its surrounding site and purchased and sold the site, and invested in 200 million won.

With respect to the above investment amount, E representative director G: (a) written and delivered to the Plaintiff a promissory note dated May 20, 2006 with a loan certificate and face value of 200 million won; (b) the date of issuance; (c) May 20, 2006; and (d) May 20, 2008 with the due date; (c) the Defendant, C, and D, who worked as outside directors of E, signed as joint and several surety in the investment contract with the following contents (hereinafter “instant investment contract”); and (d) delivered it to the Plaintiff.

The developer of an investment contract: E representative director G investor: For the convenience of preparing the Plaintiff’s contract, E refers to “A” and the investor refers to “B”.

1. A and B shall be the same until the completion of this project if they are transparent and faithful in carrying out the project at the end of this ero-dong.

2. A’s request for recovery of investment amount of B at any time within two years is accepted at the time during the two-year period.

3.As a general rule, distribution of net profits shall be made in consultation with G and C, taking into account distribution issues of investment funds, contribution of 200 million won at the initial investment of B, contribution of 200 million won at the end of the settlement of the project.

Matters for reference: E representative director G and C at the time of land purchase.

B. The legal relationship E of each of the instant lands purchased each of the instant lands in order to secure access roads to the project site with money received from investors, including the Plaintiff, and completed the registration of ownership transfer with E/10 on May 30, 2006 and C/10 on May 30, 2006. Each of the instant lands is a mortgagee on October 27, 2006.

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