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(영문) 대전지방법원 2017.07.19 2015가합102334
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the Plaintiff is a company whose business purpose is real estate sale, management, lease, etc., and D is the representative director of the Plaintiff.

B. 1) D Co., Ltd. (hereinafter collectively referred to as “instant real estate”) with the Defendant on September 5, 2014, by investing KRW 250 million each in the amount of KRW 250,000,000,000,000 for each of them, shall be referred to as “the instant real estate” in common as “the ownership of the entire and the entire four floors of Sejong Special Self-Governing City

A) A joint investment agreement was concluded to purchase and sell shares. D/ The Plaintiff and the Plaintiff enter into a joint investment agreement (No. 2, hereinafter referred to as “the first agreement”) containing the following on the same day:

2) The relationship between D and the Defendant based on the above arrangement (hereinafter referred to as the “instant partnership relationship”).

) The down payment required for an investment under Article 1 (Raising Funds and Investment Funds) shall be raised by itself, and the down payment of the instant real estate shall be the investment fund. The period for managing the joint investment fund under Article 2 (Period of Management of Investment Money) shall be the date of completion of re-disposal (lease and Sale) of the instant real estate from the date of the instant real estate contract: Provided, That when March 31, 2015 passes, B (Defendant; hereinafter the same shall apply);

A (D, hereinafter the same shall apply) at the request of the Party A (D, hereinafter)

) A shall settle the accounts of the profits agreed upon with the initial and agreed amount of investment and pay immediately. Article 4 (Management and Operation of Joint Investment Funds) A shall take over the investment amount (250 million won) of B, manage and administer the total amount of the investment amount, and shall be responsible for, and manage the accounts. Article 5 (Opening and Operation of Joint Investment Funds Account)

1. He/she shall open an account with the corporate name of Gap (Plaintiff representative D);

2. A shall not receive or disburse cash without the consent of B, and shall not use home banking, telebanking, etc. for the transparent management of the fund;

2) In accordance with the first agreement, the Plaintiff purchased the instant real estate from F Co., Ltd. in KRW 5.2 billion on September 5, 2014, and the down payment of KRW 500 million (D and the Defendant bear KRW 250 million, respectively) is paid on the same day, and the remainder of KRW 4.7 billion (=5.2 billion-5 billion) is paid on the same day.

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