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(영문) 부산지방법원 2019.12.04 2019가합45384
투자금 반환
Text

1. The Defendant’s KRW 1,500,000,000 as well as 6% per annum from June 13, 2016 to July 9, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 12, 2016, the Plaintiff entered into an investment agreement (hereinafter “instant investment agreement”) with the Defendant (a corporation was a stock company at the time of entering into an investment agreement, and the representative director was D) and E, whereby the Defendant and E were joint fund recipients, and the Defendant and E were to invest KRW 1 billion in the amount of KRW 1 billion and to receive KRW 500 million from the investment income.

B. The main contents of the instant investment agreement are as follows.

투자약정서 ◆ 투자약정당사자 갑(자금투자자): 원고 을(공동자금수급자): 피고 병(공동자금수급자): E ◆ 투자내용

1. Various authorization and permission, consulting and adjustment expenses for the contents of defects, expenses for additional purchase of a site, etc. on the ground loan and new construction on the ground, other than the F of Busan City, Seo-gu;

2. Investment amount: one billion won of the investment principal and five hundred million won of the investment principal.

3. Investment Method 1. A, B, and C shall set up the first priority right of collateral security in respect of the investment principal and investment earnings in the said site, and shall notarized the letter of agreement.

(2) B and C after investment shall repay the investment principal and investment profit amount until June 12, 2016, and cancel and terminate the right to collateral security. If the investment principal and investment profit amount are not repaid on the repayment date, they shall be repaid by applying the statutory maximum interest rate until repayment is made.

5. Deadline for investment: Special agreement on June 12, 2016;

1. B and C shall guarantee the amount of investment revenue KRW 500 million and pay Party A without any condition, even in cases of early repayment of the investment principal which is not the repayment date ( June 12, 2016) in the course of the project.

2. The deposit account of the invested principal shall be the defendant account for the convenience of business affairs;

C. On February 15, 2016, the Plaintiff transferred KRW 1 billion to the account under the name of the Defendant.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant shall pay the principal and interest of the investment under the investment agreement of this case as KRW 1.5 billion and the repayment date of the agreement, unless there are special circumstances.

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