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(영문) 서울중앙지방법원 2018.05.17 2017가합523509
원상회복 등
Text

1. The Defendant shall pay to the Plaintiff KRW 390,00,000 and the interest rate of KRW 15% per annum from May 9, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. On May 13, 2016, the Plaintiff entered into a financial investment agreement (hereinafter “instant investment agreement”) with the Defendant to pay the Plaintiff investment and investment profit if the Plaintiff invested KRW 400 million in the D residential environment improvement project (hereinafter “instant project”) promoted by Gangwon-gun C (hereinafter “instant real estate”). The Defendant jointly and severally guaranteed the Defendant’s obligation under the instant investment agreement to the Plaintiff.

The main contents of the instant investment contract are as follows.

Article 5 [Business Affairs of the Plaintiff] The Plaintiff shall invest the full-time KRW 400,000 (Won 400,000,000) as land contract money and operating expenses to ensure the successful operation of the instant business.

Article 6 (Duties of Defendant)

1. The defendant shall execute all of the land purchase and incidental expenses in accordance with the business schedule in order to facilitate the project of this case through consultation with the plaintiff.

Article 9 [Termination of Contracts] Where any of the following events occurs, the plaintiff and the defendant may terminate this Agreement upon written notice:

3. Where any serious cause has occurred which makes it impracticable to achieve the objectives of this contract.

B. On May 25, 2016, G Co., Ltd. (hereinafter “G”) with the Defendant’s representative entered into a contract with H limited liability company (hereinafter “H”) to acquire the claim of KRW 2 billion (excluding interest) against L Co., Ltd. and the claim of this case, which is a security for the said claim, the preferential right to benefit (the preferential right to benefit) of the J Co., Ltd. (the amount of KRW 2.6 billion) from KRW 1.35 billion.5 billion.

G paid the down payment of KRW 135 million to H, but the said down payment was confiscated because it failed to pay any balance thereafter.

C. The Plaintiff paid KRW 420 million to the Defendant in accordance with the instant investment contract, and thereafter, from E, the representative director of F, around November 2016, KRW 30 million out of the above investment amount.

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