(영문) 서울중앙지방법원 2018.04.04 2017가합18663

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(영문) 서울중앙지방법원 2018.04.04 2017가합18663

부당이득금 등

Text

1. As to KRW 261,50,000 and KRW 250,000 among them, the Defendant shall pay to the Plaintiff the year from December 1, 2017 to April 4, 2018.

Reasons

1. Basic facts

A. On April 14, 2016, the Plaintiff entered into an agreement investment contract with the Defendant that stipulates that the Plaintiff shall invest KRW 250 million in order to install night lighting facilities within the D Arboretums (hereinafter “instant arboretum”) located in the Gyeonggi-si (hereinafter “Cri”) and that the Plaintiff shall pay part of the proceeds of the night opening business of the instant arboretum (hereinafter “instant arboretum”) to the Plaintiff (hereinafter “instant agreement investment contract”). The main contents of the agreement investment contract made at the time are as follows.

Contract for Contract of Agreed Investment

1. The purpose of the agreed investment is to install and operate night lighting facilities and distribute mutual agreement interests for night-time opening of the arboretum of this case;

2. Defendant subject to investment (matters): The Plaintiff’s right to use part of the arboretum of this case at night: KRW 250 million (the time of payment shall be KRW 100 million when a contract is made, and the remainder shall be deposited on April 20, 2016).

3. The contractual investment period between April 14, 2016 and April 13, 2019 (three years from April 14, 2016): Provided, That the extension of one year by agreement between the defendant and the plaintiff may be extended.

4. The agreed profit ratio and payment method 1) The net profit, excluding general management expenses, such as electricity charges, taxes, advertising expenses, expendable goods expenses, personnel expenses, etc., from the proceeds at night-time openings, shall be the agreed profit; 2) the amount of profit shall be accumulated by 10% as the reserve fund;

(E) The amount shall be calculated on the basis of the following: (3) The defendant: The above agreed interest shall be distributed to the plaintiff = 5:5 and shall be calculated and paid at the end of each month: (4) If the plaintiff redeems at least 80 per cent of the amount invested, the agreed interest distribution rate from that time until the expiration of the agreed investment period shall be calculated on the basis of the plaintiff = 6:4.

(Investment) The defendant shall repay the investment separately from the agreed profit sharing rate)

8. Transfer, termination, and liquidation method 1) The Defendant and the Plaintiff cannot transfer their business rights, etc. to a third party without mutual consent. 2) The Defendant and the Plaintiff shall cease their business upon mutual consent between the Plaintiff and the Plaintiff.

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