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(영문) 서울중앙지방법원 2019.08.22 2019가단5002806
대여금
Text

1. The Defendant’s KRW 100,000,000 for the Plaintiff and 18% per annum from September 15, 2017 to March 7, 2018.

Reasons

Basic Facts

On September 8, 2017, the Plaintiff drawn up an investment contract (only an abstract of only the parts related to the decision of points) with the content that the Plaintiff inputs funds to the Defendant’s project for the extension of the ground-based land building (hereinafter “instant project”) on the part of the Defendant’s Young-gun.

(hereinafter “instant investment contract”). Article 3 (Payment of Investment Funds and Date)

A. The funds invested by the Plaintiff shall be KRW 500 million.

B. The Plaintiff’s advance payment of KRW 100 million to invest in the initial project cost at the same time with the contract, and the Defendant shall issue the Plaintiff the second-class beneficiary certificates KRW 700 million to the Plaintiff.

(c) The secondary financing shall be paid within three days after completion of building permission, and the secondary financing shall be paid after the completion of structural frame.

Article 3 seems to be a clerical error in Article 4.

(hereinafter the same shall apply)

(Repayment and Date of Investment Funds)

A. The amount of redemption of the Plaintiff’s investment shall be KRW 50 million with principal and KRW 200 million with dividends.

(b) The repayment date of the investment money shall be within six months after the contract is concluded;

However, due to the delay of construction, the plaintiff and the defendant may extend it within two months under the agreement.

C. The Plaintiff shall pay a total of KRW 700 million investment and dividends as a bank loan following the completion of a building.

Where the construction period is delayed, if the investment period exceeds six months, the defendant shall pay the amount of interest in arrears of 27.9% per annum for the balance of the investment within the limit of two months.

(e) redeem the full amount of the Plaintiff’s investment with another person’s funds within one month, where the investment period exceeds three months;

Article 4 (Security for Investment Funds) The ownership of land is owned by the defendant, and since the current status of trust management, it is necessary to set KRW 700 million of beneficiary certificates to the plaintiff.

Article 7 (Termination of Contracts) The plaintiff and the defendant shall cooperate with each other in good faith for mutual benefits, and the defendant shall not make any sale to a third party or unilateral cancellation during the contract period, but the third party shall be given priority after the settlement of the first right to collateral security claims at the time of sale.

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