2017 Gohap43957 Agreements

A

1.B;

2. C

Pleadings without Oral Proceedings

August 24, 2017

1. The Defendants jointly and severally pay to the Plaintiff 240,000,000 won with 5% interest per annum from September 1, 2016 to May 23, 2017, and 15% interest per annum from the next day to the day of full payment.

2. The costs of lawsuit are assessed against the Defendants.

3. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Applicable provisions;

Article 208(3)1 of the Civil Procedure Act (Judgment without Oral Proceedings)

Judges Lee Don-chul

Judges Lee Jae-chul

Judges Park Jong-young

Grounds for Claim

1. The relationship between the parties

(A)D Housing Association is carrying out a project to kill the apartment houses (multi-unit houses) with the two underground floors, the 23th certificate above ground and 535 units below the site of approximately 8,700 square meters in Ulsan-gu E, Ulsan-gu. The defendant corporation B is an agent and agent of the above (tentative) D Housing Association in carrying out the above project, and the defendant corporation C is the representative director of the corporation B, and the plaintiff is an investor of the business funds in the defendant corporation B.

As of September 2, 2016, the new construction project of the above multi-family housing has been authorized by the head of Ulsanbuk-do, the head of the Gu of the Republic of Korea (the certificate of authorization to establish the local housing association) and is aware that it is at the present stage of recruiting members.

2. Case history

(a) (tentative Name) Conclusion of a contract for fund management agency for new construction projects of the DD Housing Association;

On January 4, 2016, between the non-party (tentative name) D Housing Association, Asia Trust Company and Defendant B, a third party, entered into a contract on the fund management for the new construction project of the D Housing Association as of January 4, 2016. The summary of the contract was that in promoting the project as the implementer of the new project of the D Housing Association, the Asian Trust Co., Ltd. agreed to take charge of the fund management of the project and to act on behalf of the above Housing Association, which is the project implementer (A evidence management agent contract).

In accordance with the above contract, the Asian Trust (State) opened a fund management account and instead collects and manages the application amount, agency fees, and cooperative charges to the said account, on behalf of another person in the fund management.

The office fees would have been paid 600 million won from the above housing association (Article 8 of the above Agreement) and the agency fees would have been paid from the funds received through the agency fee account to Defendant B. The agency fees would have been paid from the above housing association upon request of the above housing association (Article 12 of the above Agreement) in accordance with the service contract concluded by the defendant B and the above housing association (Article 8 of the above Agreement).

B. (tentative Name) Conclusion of DD Housing Association Fund Investment Contracts

On December 2015, Defendant C, the representative director of Defendant B, found Nonparty F (the Director of the Office of Unauthorized Real Estate Agents G G in Busan, Busan, Daegu, G G, and the preparation for the purchase of land and the overall progress of the project of the above union, was completed, and the capital of the above union was insufficient, and there was a need for investment amounting to 500 million won or more required for all initial projects, such as the construction of a model model of the above project, and proposed that the investment will be repaid after the progress of the project and the investment will be paid 100% of the investment amount as the investment income.F recommended the Plaintiff who became aware of it through the surrounding land owner to explain the overall project as well as make investments. F decided that the Plaintiff is a good condition and that the business funds will be invested in Defendant C.

Therefore, on January 22, 2016, the Plaintiff and the Defendant (State)B entered into a fund investment contract with the Plaintiff to invest 300 million won in Defendant (State) for business purposes. Defendant C guaranteed the Defendant (State)B in the above contract. In addition, on January 26, 2016, a notary public obtained the certification of the foregoing (tentative name) D Housing Association funding agreement from the Taesan Law Firm (tentative name).

In the above contract, the Plaintiff shall invest 300 million won business capital in Defendant (State)B, but the Defendant (State)B shall pay 50% of the recruitment of union members or 300 million won of the investment principal until May 31, 2016, and shall be members of the association.

Until August 31, 2016, I agreed to repay 80% of the proceeds of the first-lane by the 80% city or by August 31, 2016, 10% of the proceeds of the second-lane membership recruitment by 90%, and 10% of the proceeds of the third-lane membership recruitment by 10% (Article 6 of the above Agreement).

Under the above contract, the Plaintiff is KRW 150 million on January 25, 2016, and KRW 100 million on January 26, 2016.

The amount of KRW 50 million was fully remitted to the Defendant (State)B’s account (I) by remitting it to the Bank (I).

(Ga)D Housing Association Agreement (hereinafter referred to as "A"): (1) and (2)B (Representative Director C: 2) enter into a contract with respect to investment (hereinafter referred to as "this contract") as follows. The purpose of this contract is to cover "B"'s business activities and to regulate the details related to the recovery of funds as funds for business of "B". Article 2 (Investment Funds) 1. The amount of "A" invests in "B" shall be 30 million won a day (W.300,000,000) and 30% a.m. (2: 1.0% a.m., Busan Metropolitan City : 0% ad.m. (0% a.m.)'s principal and 1.m. (0% a.m.)'s 20% ad.m. (0% a.m. (5% a.m.)'s 20% ad.m. (0% a.m.)'s 30% ad.m.

C. Failure to recover the principal of the instant investment funds and to pay the Defendants’ profits

(1) The original Defendant (State)B agreed to repay 300 million won to the Plaintiff’s investment principal by May 31, 2016, but the Plaintiff paid 150 million won on June 1, 2016 and 150 million won on August 1, 2016, and paid 300 million won to the Plaintiff’s investment principal on two occasions, including 30 million won on June 1, 2016 and 150 million won on August 1, 2016 (see subparagraph (a) 4).

(2) However, according to the agreement of the above fund investment contract, the defendants are 80% of the recruitment of union members; or

Until August 31, 2016, 80% of the profits, namely, 240,000 won, the defendants are not able to pay the above investment profits to the plaintiff up to now. It is not able to achieve 90% of the recruitment of union members or 100% of the earnings, which are the conditions for the second, third repayment of the investment profits, or the third repayment, with no knowledge of the plaintiff.

(3) Accordingly, the Plaintiff’s request for the payment of investment profits that the Plaintiff should pay to the Plaintiff by finding the Defendants several times through Nonparty F, who introduced the instant investment, or by telephone conversations.

I repeat only the end of the statement and pay investment returns on the next day. (No. 5: a record of recording)

3. Conclusion

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the above amount of KRW 240,000,000 and the amount of interest equivalent to the above amount of the first investment profit (to make a claim against the aggregate of the second and third investment profit in 60,000,000,000 won, considering that the situation of recruitment of partners is subsequently identified). Accordingly, the Plaintiff is bound to receive the same judgment as the purport of the claim.