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(영문) 부산지방법원 동부지원 2018.02.09 2017가합1072
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant’s monetary payment 1) is the only internal director D as a company established for the purpose of real estate development and sales consulting business. On February 16, 2017, the Plaintiff purchased from G Co., Ltd. on November 18, 2016 the total number of 36 units, including the underground floors K, L and 3, 4, 5 stories, etc. (hereinafter “instant real estate”) of the “J” from G Co., Ltd. for the purpose of real estate sale and lease business, and D was appointed as an inside director on the same day, and became the representative on the same day.

3) In order to procure the purchase price of the instant real estate, the Plaintiff received KRW 250,00,000 from the Defendant on November 18, 2016, and KRW 150,000,000 on December 22, 2016, and KRW 300,000 on January 24, 2017, respectively. The Plaintiff and the Defendant made an agreement with the following content (hereinafter “instant agreement”).

(1) The term “A” and “A” (hereinafter referred to as “B”) shall enter into an investment contract as follows:

(a).

no. 18 November 18, 2016 KRW 250,000,00

(b) Gold 150,000,000 won on December 22, 2016

(c) gold 300,000,000 won on January 24, 2017

2. B shall pay, with respect to the investment funds under the above paragraph (1) above, the total of KRW 1,400,000,000 and the total of KRW 1,400,000,000,00,000, after preferential repayment of the amount to be borrowed or paid for the course of J purchase and for sale, such as the principal and interest of loan to transfer ownership, loan funds to transfer ownership, expenses for consultation on lien, construction expenses, etc.

Provided, That the investment principal shall be paid immediately after the payment of the balance of all J-4 and five floors is made, and the additional tax shall be imposed on the investment income.

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