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(영문) 서울중앙지방법원 2018.06.27 2017가합556486
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. Around November 2009, the Intervenor Abju City (hereinafter “the Intervenor”) invested approximately KRW 30,570,000,000,000,000,000 won in the project cost, thereby creating an industrial complex and selling it in lots, thereby attracting private capital and promoting the business of collecting the project cost (hereinafter “instant business”), and the Defendant was a private business entity and became a private business entity.

B. As of January 11, 201, the Defendant and the Intervenor: (a) raised funds necessary for the instant project; (b) deposited funds raised in the joint name account of the Defendant and the Intervenor into the joint name account of the Defendant and the Intervenor; or (c) entrusted the management thereof to the financial institution; and (d) written an investment performance agreement (Evidence A 3; hereinafter “instant agreement”) with the content that the funds will be disbursed to the Intervenor with the approval of the Intervenor, and the main contents are as follows

Article 8 (Calculation of Sale Price) (1) Criteria for applying the sale price to direct investment expenses, financial expenses, investment profits, etc. shall be as follows:

1. Direct investment expenses shall be the project expenses recognized by the intervenor, such as design, compensation, execution, etc. as the project expenses promoted under the Industrial Sites and Development Act;

2. Financial expenses shall reflect financial interest paid to a financial institution and all the fees required to raise funds for investment before the repayment thereof is made;

3. The investment profits shall be subject to the investment profits determined by the Industrial Sites and Development Act, and 9% equivalent to the construction cost determined by the Public Procurement Service in terms of civil engineering works.

C. On April 15, 2011, the Plaintiff and the Defendant drafted a written agreement on the allocation of shares for investment profits (hereinafter “instant agreement”), and the main contents are as follows.

Article 1 (Purpose) This Agreement aims to determine necessary matters concerning the allocation of shares of investment profits as stipulated in Article 8, Paragraph 1, Item 3 of the Agreement on the Implementation of Investment in D Business concluded between the plaintiff and the intervenor.

Article 3 (Criteria for Distribution) The Intervenor is recognized.

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