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(영문) 의정부지방법원고양지원 2017.05.26 2016가합73163
회계장부열람등사청구의 소
Text

1. The defendant shall not exceed 10 days from three days after the day when the judgment of this case became final and conclusive to the plaintiff, excluding Saturdays and legal holidays.

Reasons

1. Basic facts

A. On April 1, 2013, the Defendant is respectively registered under heading 6, 7, and 801 of the 6th, 7th, 701, 701, and 801 of the 6th, 7th, and 8th, Goyang-gu, Yangyang-gu, Seoul.

(hereinafter referred to as "the building of this case") acquired the ownership of the building of this case, and to operate the medical care center from the building of this case, but the fund was insufficient.

In order to establish a medical care center in the building of this case, the Plaintiff and the Defendant agreed that the Defendant will be invested in the facility funds from the Plaintiff, as follows.

Article 1 (Investment Amount) The Plaintiff shall make an investment of KRW 300 million and KRW 100 million until June 30, 2013 to the Defendant as facility funds by June 14, 2013.

Article 2 (Use of Funds) The defendant shall not use the funds invested by the plaintiff for any purpose other than the funds for the facilities of the Medical Care Center.

Article 3 (Period of Investment Arrangement) The investment period shall be five years from the date of receipt of earnings.

Provided, That both parties may extend the investment period by mutual consent.

Article 4(1) Profits from investment funds shall be paid 3% (12 million won) per month in a fixed form. 2) The date of payment of profits shall be the 25th day of each month in which medical care benefits are paid by the National Health Management Corporation.

Article 5 (Obligation to Guarantee Principal of Investment and Revenue) The defendant shall guarantee the principal of investment and revenue until the expiration of the investment period. 2) When the defendant intends to repay the principal within the period of investment agreement, he/she shall pay in lump sum the sum of principal and revenue guarantee amount of 200 million won.

Provided, That when the medical care center is closed, only the principal shall be repaid.

Article 7 (Securing of Claims) (1) The Defendant set up a right to collateral security on the sixth floor of the instant building with the acquisition of claims against the amount invested by the Plaintiff. 2) The Defendant shall transfer the instant building to the Plaintiff a share of less than three square meters per floor.

Article 8 (Termination of Contracts) The Plaintiff shall either violate Article 2 or perform the obligations under Article 6.

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