(영문) 서울중앙지방법원 2020.02.12 2019가합518518

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(영문) 서울중앙지방법원 2020.02.12 2019가합518518

약정금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. E (Joint Representative F, G) and the Investment Agreement of October 20, 208: The purpose of Article 1 is to ensure that the instant business has been operated in a normal manner until now, and Eul (including KRW 2,203,076,000,000) invests approximately two copies of promissory notes issued by the Bank at the time of this contract in order to promptly settle the investment and the recovery of the amount of the investment, and the purpose is to ensure that H Co., Ltd., at the time of this construction shall complete the construction within the prompt time.

Article 2 (Investment Amount and Use of Investment Amount. (1) Investment amount: 1 billion won of Promissory Notes issued by a bank.

(a) 100 million won shall be used as the operating expenses of the company by the authority of two co-representative directors;

(b) KRW 900 million shall be paid to the contractor (H) construction cost.

Article 3. The interest rate of KRW 1,805,80,000 shall be KRW 3% per month from March 10, 2008 to October 20, 2008, and KRW 2,203,076,00,00,000 per month, including KRW 397,276,00,00,000 per month, shall be KRW 2,203,076,000,00 per promissorysory note B, which shall be KRW 1 billion on October 20, 2008, KRW 30,000 on November 20, 208, and the interest rate of KRW 30,30,00 in December 20, 208 shall be settled from October 20, 2008, and the interest rate of KRW 100,000,000 per month shall be paid as the interest rate per month in relation to the construction project after the completion of the construction.

(1) On October 208, 2008, the Plaintiff drafted an investment agreement (hereinafter referred to as the “instant investment agreement”) with E Co., Ltd. (hereinafter referred to as the “E”) that is implementing a memorial park development project in both cities C and D (hereinafter referred to as the “Co-representative F, G, and hereinafter referred to as the “E”).

An investment agreement and a statement of performance are the construction of the project in this case and the works appurtenant to civil engineering; and

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