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(영문) 서울남부지방법원 2020.12.11 2020가단200140
약정금청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 176,335,749 and the interest rate of KRW 10% per annum from January 26, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On October 22, 2014, the Plaintiff prepared an investment contract with the Defendant with the following content (hereinafter “instant contract”), and invested KRW 300 million to the Defendant by October 31, 2014.

The Plaintiff (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B”) enter into the following contracts with respect to Party A’s cash investment in order to develop a power-based loan development project for the location C at the time of the strike by the Defendant:

- Article 1 (Investment Obligations of A) - A shall invest to B in the following terms:

(1) By October 20, 2014, KRW 170 million and KRW 130 million on October 28, 2014, each person shall be invested in cash, respectively.

(2) The principal amount of KRW 300 million shall be refunded until June 30, 2015.

(3) By June 30, 2015, KRW 100 million shall be paid as interest dividends.

(4) Where the business is inevitably delayed due to authorization, permission, etc., the date of the payment of the investment amount may be changed to the date of mutual consultation, and subsequent interest dividends, etc. shall be adjusted through mutual consultation.

Section 2 [Obligation to Comply with B] Upon completion of the investment obligation of Section 1(1) by Section 1(2) and (3) by Section B, the principal and interest interest and dividend amount shall be paid to Section 1(2) and (3) within a fixed period.

(Provided, That if the recovery of investment proceeds is delayed due to the problem of sale in lots, etc., A may request B to pay the investment proceeds in kind, and B shall immediately pay objects, including the interest and dividend proceeds, to B). Article 3 (Audit of A's Business) B shall, at the request of A, report in writing on the progress of the project and matters concerning the overall project at any time.

(Provided, That a monthly report shall be made on a regular basis). Article 4 (Prohibition of Assignment and Disposition of Rights) A or B shall not transfer, transfer, or dispose of any rights or obligations under this title to another third party for any reason, except with the written consent of the other party.

Article 5 [Termination of Contract] A does not perform its obligations under Article 1(1) without good cause.

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