logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.01.24 2016가단517125
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 21, 2014, the Plaintiff concluded an investment agreement with C Co., Ltd. (hereinafter “C”) to invest in the new construction project of rental housing in the brand of E in approximately KRW 3,000 in approximately KRW 3,00,00, Won-gun, Jeonbuk-gun.

(No. 1). The main contents are as follows:

C transferred C’s 10,000 shares to the Plaintiff under the said investment agreement.

(The Plaintiff’s investment of KRW 300,000,000 on two occasions as consideration for investment, and KRW 300,000,000,000 on two occasions, on July 22, 2014 and August 30, 2014, for the instant project. The Plaintiff first registers the Plaintiff as a registration officer of C, and allocates KRW 20,00,000 among C’s shares.

B. Unlike the above investment agreement, the Plaintiff paid C KRW 150 million to C.

However, around May 2015, the Plaintiff and C drafted a written agreement with the following contents:

(Nos. 2 and 3, hereinafter referred to as “instant agreement”). The written agreement C and the Plaintiff agree as follows:

1. C shall return 100,000,000 won out of 150,000,000 won invested by the Plaintiff as of June 18, 2015.

2. C shall return the Plaintiff’s balance of 50,000,000 won to June 30, 2015.

3. The Plaintiff is to resign from C’s director position at the same time with the return of the investment money referred to in the above 1 and 2.

4. C shall pay to the Plaintiff KRW 100,000,000,00 as investment profits, by September 30, 2015.

5. The Plaintiff’s investment profit shall be deemed the transfer amount of 10,000 shares of C owned by the Plaintiff, and the transferee of shares shall later notify C of the transfer amount separately to C.

C. On July 15, 2015, C concluded an investment agreement with the Defendant with the following terms and conditions:

(No. 4). The defendant of the investment agreement shall participate in the construction project of E rental housing.

The defendant shall make an investment of KRW 200,000,000 in two times with the proceeds of the foregoing business, and shall pay KRW 150,000,000 to July 15, 2015, and the balance by August 31, 2015.

arrow