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(영문) 서울고등법원 2016.10.27 2016나2015875
청구이의
Text

1. Of the judgment of the court of first instance, the part of the claim objection is modified as follows.

A notary public against the defendant's plaintiff.

Reasons

1. The first instance court’s judgment on the scope of this Court’s trial rejected the part of the Plaintiff’s claim to verify the existence of the obligation, and partly accepted the part of the claim objection, and dismissed the remainder.

Accordingly, since only the plaintiff appealed on the part against the plaintiff among the judgment of the court of first instance (the dismissed part of the plaintiff's claim), the scope of this court's trial is the part against which the plaintiff's claim is dismissed in the first instance among the claims objection.

2. Basic facts

A. (1) The plaintiff is the representative director of D and C shall be the director of D in the dispute resolution committee.

(2) On February 16, 201, upon delegation from the Plaintiff, C drafted “investment contract” (No. 15, hereinafter “instant investment contract”) containing the following contents with the Defendant as the agent of the Plaintiff and the principal and the Plaintiff as the agent of the Plaintiff.

(‘A’ means the Defendant, “B”, and “A”. Article 1 (Period of Investment Obligations in A) A shall invest 50,000,000 won to B on the following terms:

50,000,000 won shall be invested in cash from February 16, 201 to June 30, 2014.

Article 2 (Period of Mandatory Repayment) B shall be repaid in cash for 50,000,000 won until June 30, 2014.

Article 3 (Obligation of Party B) When Party A completes its investment obligation, Party B shall fulfill the following conditions:

(1) At the same time as cash investment on February 16, 201, the interest rate of KRW 6,000,000 and fee of KRW 1,500,000 shall be paid until June 30, 201.

(2) From June 30, 201 to June 30, 2014, 4,160,000 won shall be paid to A as of the end of each month.

(3) By June 30, 2014, repayment of KRW 50,000,000 of the investment principal shall be made.

(4) The remaining-month investment profits and principal shall be immediately redeemed prior to the closure of the business when the Bank of Korea closes its business within the expiration date of this contract.

(5) If a person fails to comply with paragraphs (1) through (4) of this paragraph, A may perform legal compulsory execution against B, may not raise an objection against any measure, and all legal responsibilities against B.

(3) In accordance with the terms and conditions of the instant investment contract, the Defendant shall make the Plaintiff on February 16, 201.

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