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(영문) 광주고등법원(전주) 2016.03.10 2014나2360
투자금반환 등
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On April 12, 2005, the Defendant was awarded a contract from B and C for the construction of the E-building building (hereinafter “instant construction”) on the ground (hereinafter “instant land”) on the land outside Incheon-gun D and one parcel of land (hereinafter “instant land”). The construction cost of the E-building (hereinafter “instant construction”).

B. On April 18, 2005, the Plaintiff entered into a construction agreement with the Defendant on the rights, responsibilities, etc. with respect to the joint investment and execution of the instant construction works (hereinafter “instant agreement”).

Article 2. Initial Investment and Participating Shares

1. The Defendant and the Plaintiff set the KRW 400,000 ( KRW 400,000) as the initial investment amount of the instant construction project, and shall execute the funds at the time of the contract for construction project.

2. The Defendant and the Plaintiff intend to set their respective investment shares as one-half of the total amount invested, and make an investment of each of them as KRW 200,000 (20,000).

3. In principle, the defendant and the plaintiff shall distribute profits as mutually equal investors according to their investment shares.

Article 4 Time of Recovery of Investment Funds and Distribution of Profits

1. In principle, the Defendant shall give priority to the payment of KRW 100,000,00,000,000, which is the initial investment cost of the Plaintiff, within the remaining progress payment where the Defendant

2. The defendant shall immediately perform the distribution and execution of earnings, along with a detailed statement of the settlement of actual expenses of the construction cost after the completion of the construction cost.

Article 5 Rights and Responsibilities

3. The defendant and the plaintiff also set forth the liability for the above losses of the corporation as 1/2 equal to the investment ratio.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s summary of the Plaintiff’s assertion paid KRW 200 million to the Defendant in accordance with the instant agreement. According to the instant agreement, the Plaintiff is entitled to preferentially receive the investment amount from the Defendant, but the Plaintiff’s claim for the refund of the investment amount is below the Plaintiff’s claim.

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