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(영문) 서울동부지방법원 2015.12.02 2015나2746
보증채무금
Text

1. Of the judgment of the court of first instance, the part against the defendant, which exceeds the money ordered to be paid below, shall be revoked.

Reasons

1. Facts of recognition;

A. On March 28, 2012, the Plaintiff, the Defendant, and C (hereinafter “stock company”) drafted the Investment Agreement (Evidence 1-1), and the Financial Transaction Agreement (Evidence 1-2) around May 31, 2012, respectively, and the main contents thereof are as follows.

(2) Each of the above agreements excludes differences in some phrases, such as “investment” in the agreement dated March 28, 2012, and excludes differences in the terms of the agreement as of May 31, 2012; hereinafter referred to as “each of the instant agreements” shall be written in a specific manner, and where each of the above agreements is jointly referred, “each of the instant agreements”. 1) The Investment Agreement dated March 28, 2012 (C), B (Direct-Invested Full-Time Member, Plaintiff, and C (Joint-Time Member, Joint-Guarantee Member, Defendant), Article 1 (Purpose of Club) of the said agreement provides for mutual friendship between full-time members, and (2) the said agreement provides for the maximum period of sale of real estate and its funds to its members for investment purposes by creating funds from full-time members and distributing them in proportion to their investments in real estate and other projects, and (3) the said agreement provides for the maximum period of sale of real estate and its funds to its members for investment purposes for at least 10% of the instant investment funds.

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