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(영문) 춘천지방법원 2018.07.11 2017가합209
청구이의
Text

1. Promissory notes No. 108 of the deed 2016, dated February 12, 2016, issued by the Defendant against the Plaintiff by a notary public against the Plaintiff.

Reasons

1. Preparation of investment agreements and notarial deeds of promissory notes;

A. On February 12, 2016, the Plaintiff and the Defendant concluded an investment agreement regarding the right to sell apartment and the right to operate the restaurant at the construction site.

(hereinafter referred to as "the contract of this case"). The main contents are as follows:

Article 1 (Investment of Funds)

1. In accordance with the provisions of this Agreement, the Defendant shall make an investment in the Plaintiff in writing of KRW 200,000 (Won 200,000).

2. The defendant is not liable for the plaintiff's investment loss.

3. The defendant shall transfer the amount under Paragraph 1 to the account designated by the plaintiff simultaneously with the receipt of the documents for establishment of the right to collateral security under Paragraph 1 of Article 3 of this Agreement.

Article 2 [Recovery of Investment Funds and Payment of Profits]

1. The Plaintiff, with the profits from the Defendant’s investment funds, transfers the funds to the Defendant’s account designated by the Defendant at the end of May from May to December from 2016, as follows: (a) the Plaintiff transferred the funds in advance (Won 20,000,000) to the Defendant.

2. The Plaintiff transfers the amount of the Defendant’s investment principal to the account designated by the Defendant not later than December 31, 2016, i.e., KRW 200,000 (Won 200,000).

Article 3 (Creation of Collateral Security)

1. In order to guarantee the amount under Article 2 that the Plaintiff shall pay to the Defendant, the Plaintiff shall set up a right to collateral security of KRW 360,000 (Won 360,000) with the land located in Chuncheon-si, Gangwon-do.

2. The Plaintiff shall set up and terminate the payment after April 30, 2016, in the case of KRW 160,000 (Won 160,000,000) in the balance of KRW 160,000 (Won 60,000,000), which is set on a preferential basis in the land set forth in paragraph (1).

Article 4 [Offer of Security]

1. The Plaintiff, as security, shall provide the Defendant with all the operating rights and collections and expenses of the Incheon E On-Site cafeteria as well as all the amount under Articles 2(1), 2(2), and 3(2).

2. When the Plaintiff fails to pay the same amount within the period prescribed under Articles 2(1) and (2) and 3(2), the Plaintiff shall transfer the security under paragraph (1) to the Defendant without delay.

B. On the same day, the Plaintiff, together with the Defendant, shall pay 360 million won to a notary public at the joint law office.

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