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(영문) 서울고등법원 2017.04.04 2016나2062215
부당이득금
Text

1. The judgment of the first instance court, including the claims extended by this court, shall be modified as follows:

In the lawsuit of this case.

Reasons

1. Basic facts

A. On February 13, 2015, the Plaintiff, the Defendant, and C entered into a joint investment agreement for hotel business (hereinafter “instant agreement”) with a corporation by jointly investing cash or in kind and establishing a new hotel after establishing a joint venture.

The main contents of the instant agreement are as follows.

The business purpose (Article 2): The business of constructing and operating a tourist hotel on the land in Gyeyang-gu Incheon Metropolitan City D (hereinafter referred to as the "land in this case") owned by the Defendant and the establishment of a new company incidental thereto (Article 4): The plaintiff, the defendant, and C shall establish a hotel operating corporation for the purpose of February 16, 2015.

Defendant 3,834,00,000 Won 486,000,000 Won 4,320,000,000 Won 97,200 (54%) Plaintiff 2,56,000,000 won 2,880,000 won 2,80,000 won 324,000,000,000 won 3710,000 (36%) 90,000,000,000 won 80,000,000,000 won for total of 18,000,000 (10%) 7,100,000,0000,000 investment won, 97,000,000,000,000, 850,000 capital stock of the company (36%) and 7,000,000 capital stock stock stock price of the company (7,000

- The Defendant provided the instant land as a business site and invested in kind, but the land investment amount shall be KRW 3,834,00,000,000, excluding the land lease deposit (3,266,000,000) from the price of the instant land.

- The Plaintiff’s land investment amount is KRW 2,505,000,000 already paid from the Defendant in terms of the purchase price of the instant land 1/2 from the past and KRW 51,00,000 additionally invested.

C shall invest 710,000,000 won as land investment funds.

- The sum of the Plaintiff and C’s land investment amounting to KRW 3,266,00,000 shall be paid to the Defendant by the established company as the lease deposit (including approval for the use of the instant land and provision of security for business funds).

Transfer of shares (Article 8) - Except as provided for in this Agreement, without the prior written consent of all members of the board of directors.

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