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(영문) 서울동부지방법원 2018.10.19 2017가합108958
청구이의 등
Text

1. The Plaintiff’s obligation under each of the respective investment agreements dated July 9, 2015 and October 1, 2015 against the Defendant is KRW 1,000,000, and KRW 00.

Reasons

1. Basic facts

A. The Plaintiff is a company that has promoted the business of constructing a “C” building on the land of Dongdaemun-gu Seoul Metropolitan Government B large 1,687 square meters (hereinafter “instant business”).

B. On July 9, 2015, the Plaintiff and the Defendant concluded an investment agreement stating that “the Plaintiff shall receive KRW 500 million from the Defendant for the instant business, and on October 30, 2015, the Defendant shall pay the principal amount of KRW 500 million and the final amount of KRW 285 million to the Defendant.”

(2) On July 10, 2015, the Defendant paid KRW 500 million to the Plaintiff’s creditor on behalf of the Plaintiff pursuant to the foregoing agreement. However, since the Plaintiff failed to pay the principal of the investment agreement and the final profit (hereinafter “interest on investment”) on the said date, the Plaintiff and the Defendant entered into an agreement to modify the terms and conditions of the said agreement on four occasions, and on June 17, 2016, “the Plaintiff shall pay the Defendant KRW 50 million of the principal of the investment agreement on October 31, 2016, and KRW 1238 million of the final profit on February 28, 2017, respectively.

(c) The Plaintiff and the Defendant determined that “Around October 1, 2015, the Plaintiff and the Defendant shall be paid KRW 500 million to the Defendant for the instant business, the principal amount of the investment agreement on November 5, 2015, and KRW 300 million to the Defendant on December 1, 2015.

The term “the second investment agreement” (hereinafter referred to as “the second investment agreement”) and the sum of the first and second investment agreements was “each of the instant investment agreements.” The Defendant paid KRW 500 million to the Plaintiff on October 5, 2015 in accordance with the said agreement.

However, since the Plaintiff failed to pay the principal and interest of investment on the said date, the Plaintiff and the Defendant entered into an agreement to modify the terms and conditions of the said agreement four times, and on June 17, 2016, the final revised agreement states that “the Plaintiff shall pay the Defendant the principal amount of the investment agreement KRW 500 million on August 31, 2016, and KRW 1.3 billion on December 31, 2016, respectively.”

The Plaintiff shall pay the principal and interest of investment.

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