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(영문) 제주지방법원 2021.01.29 2019가단62774
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. A (A) and Thailand C Representative B (B) shall enter into a contract with respect to Party A’s cash investment with a view to stabilizing the lease, installation, management, etc. of the workplace in accordance with the operation of the domestic business of Thailand C and sign and seal the contract as follows:

Article 1 Investment Obligations A of Article 1 Investment Obligations A shall invest 350 million won to B as follows:

(hereinafter 1) Article 2 B’s obligation to pay dividends shall be deposited to A according to the share of the profits, other than the business reserve for the following year, on the basis of the starting date of the business when A completes the investment obligation under Article 1, and upon completion of the investment obligation under Article 1, A may request B to provide the details related to the accounts, and A shall present them.

Article 3 (Refund of Contract Deposit) The full amount of contract deposit shall be refunded to A when the total amount invested by the collection is inappropriate for the project promotion fund or the adequate leased land or building is not found.

4Distribution 1) Stocks shall be allocated in proportion to the total amount invested by A in comparison with the total amount invested by the business.

2) The allocation rate criteria shall be determined as of the starting date of the business and shall be communicated in writing to A.

Article 5 The period of investment contract under the term of investment contract shall be one year as of the starting date of the business, and the mutual contract shall not be reversed within the contract period.

Provided, That the case where there is no change in Gap and Eul shall be automatically extended.

Article 6. All taxes generated from business activities subject to tax payment shall be paid in full, and there shall be no tax payment obligation for Gap.

Provided, That A shall be borne by A for foreign or domestic taxes conducted at the time of receipt of dividends on shares.

Article 7 With respect to profits other than business reserve during the business period of the refund of investment funds, the return of principal investment before the payment of dividend of stocks shall be the top priority, and the distribution of stocks shall be made after the full recovery of principal amount.

Provided, That the next additional project shall return the investment and dividends.

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