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(영문) 대전고등법원 2017.12.15 2017나13326
청구이의
Text

1. Revocation of a judgment of the first instance;

2. A notary publicC belonging to the Daejeon District Prosecutors' Office against the defendant's plaintiff on September 22, 2014

Reasons

1. The reasons for this part of the underlying facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, inasmuch as the reasoning of the judgment of the first instance is the same as that of Paragraph 1, except for the dismissal of some content as follows.

Article 1 (Raising Funds and Investment Funds) The down payment required for investment shall be raised by itself, and the down payment of this case shall be the investment fund.

Article 2 (Period of Management of Investment Funds) The period of management of joint investment funds shall be the date of completion of re-sale (lease and Sale) of the instant real estate from the date of the instant real estate contract.

Provided, That at the time of the lapse of March 31, 2015, A (D; hereinafter the same shall apply) shall, upon the request of B (Defendant; hereinafter the same shall apply), pay immediately after settling accounts of the agreed amount of investment and the profits agreed upon with the original agreement.

Article 3 (Revenue from Joint Investment Funds)

1. The term "proceeds" shall mean the amount reduced of the expenses required under Article 7.2, 3, or 4 in letters to the amount arising from the purchase of the real estate of this case and the simultaneous disposal thereof;

2. "Amount arising from the re-disposition (lease and sale)" in subparagraph 1 is based on KRW 7,247,592,00.

Article 4 (Management and Operation of Joint Investment Funds) A shall take over the investment amount of B (250 million won) and shall be responsible for, operate and manage the total amount of the investment amount.

Article 5 (Opening and Management of Accounts for Joint Investment Funds)

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;

Article 6 (Handling of Real Estate Co., Ltd.) The payment of the down payment (50 million won of investment) other than the down payment (60 million won of investment) of this case shall be the expenses incurred by re-disposal after the real estate sales contract of this case, and where the re-disposition falls short of the amount due to the delay of re-disposition, A shall be paid.

Article 7 (Payment of Dividends and Handling of All Expenses)

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