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(영문) 서울동부지방법원 2020.08.21 2019가단15992
투자금 반환
Text

1. The defendant shall pay 68,700,000 won to the plaintiff and 12% per annum from September 26, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. On October 24, 2018, the Plaintiff entered into a pledge agreement with the Defendant on the preferential right of KRW 3,204,000,000 with respect to the land outside D and four parcels transferred by the E Union for the Plaintiff, with a view to establishing a pledge on the preferential right of KRW 120,000,000,000, as a special agreement, “1. In the event that an individual or corporation designated by the Defendant enters into a bid or the third party’s bid, the Plaintiff would be paid annual dividends through sharing profits and losses between investors at the time of paying dividends to the buyer.

2. The settlement of profits shall be settled from the date of payment as of the date of payment, inasmuch as the procedures of the Sales Commission were delayed or excluded from sale due to the debtor's repayment of interest, and the registration schedule is delayed due to the occurrence of reasons such as replacement of registered items.

3. The amount of actual investment shall be one billion won.

On the other hand, the Plaintiff paid KRW 100 million to the Defendant on October 18, 2018. (b) On April 24, 2018, the Plaintiff entered into a pledge agreement with the Defendant on preferential rights of KRW 60 million with respect to the Plaintiff on the preferential rights of KRW 2.6 billion transferred from the G Association and H Association to the Defendant, as the special terms and conditions, stating that “1. Any individual or corporation designated by the Defendant enters into a bid or a third party’s bid for the payment of dividends, the Plaintiff is entitled to receive annual dividends of KRW 15,00,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,00,00,00.

On the other hand, however,

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