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(영문) 인천지방법원부천지원 2019.01.30 2018가합101634
투자금반환청구
Text

1. The Defendants jointly share KRW 968,358,617 with respect to the Plaintiff, and 5% per annum from September 21, 2018 to January 30, 2019.

Reasons

On September 23, 2008, the Plaintiff entered into a monetary loan agreement with D Co., Ltd. (hereinafter referred to as “D”) that was the representative director, and paid D money which deducts some of the amount of 900,000,000 won deducted from D as a loan or preferred interest, and received a promissory note of KRW 900,000 at face value from D and E.

On June 30, 2009, the Plaintiff entered into a joint project implementation agreement with respect to the business that develops D, Defendant B, and H forest land as a single house site (hereinafter “instant business”) and H forest land as a pit agreement recognizing the amount of money paid as stated in the foregoing paragraph (a) as one billion won for investment.

Defendant B prepared and proposed a written statement of payment guarantee to the Plaintiff on September 2014, and the relevant content is as follows: (a) the creditor and the investor; (b) Defendant B, the debtor and the guarantor; and (c) the maturity date of KRW 1 billion for the investment guarantee amount of KRW 1 billion; and (d) the aforementioned parties’ payment guarantee regarding the return of investment guarantee until December 31, 2014.

2. On June 30, 2009, the Plaintiff entered into a joint business contract with D representative director B and B with respect to G and H on June 30, 2009, and the Plaintiff paid KRW 1 billion equivalent to 22% of the investment shares to D representative director B according to the joint business contract. D representative director B and Defendant B shall guarantee the payment of KRW 1 billion of the investment amount to be paid to the Plaintiff.

4. It is confirmed that the time of return of investment billion won is the date when this payment guarantee note is prepared, but no damages for delay may be claimed until the building on the above site is first sold;

The following tables shall be listed:

The creditor and the distribution right holder are as follows: (a) the development of a single house, etc. and the date of return of the maturity of the sale/lease project by Defendant B, Defendant C, Defendant B, the debtor, and the debtor, the debtor, the debtor, and the debtor, the debt guarantee amount of KRW 1 billion, shall be from March 2017 to March 30, 2017; and (b) the civil engineering works are permitted to engage in development activities until April 30, 2017.

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