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(영문) 대구고등법원 2018.11.28 2017나25254
투자금반환
Text

1. The Plaintiff’s appeal against the Defendants and the Plaintiff’s additional claim against Defendant B in the trial.

Reasons

1. Basic facts

A. Defendant C Housing Redevelopment Development and Improvement Project Association (hereinafter “Defendant Partnership”) was established on July 6, 2016 as an association that implements a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) in the D Il-gu Seoul Special Metropolitan City D.

B. On June 8, 2011, Defendant B (hereinafter “Defendant Company”) concluded an administrative service contract with the Defendant Association’s Committee for Promotion of the Establishment of the instant rearrangement project, with the aim of the rearrangement project management business, redevelopment, reconstruction, consulting business, etc., on or around June 18, 201, and drafted an implementation agreement with the content thereof.

On the other hand, the Defendant Company entered into a contract with J on September 25, 2014 to jointly carry out the instant rearrangement project administrative services.

C. As of September 16, 2015, the Plaintiff, the Defendant Company, and the Establishment Promotion Committee of the Defendant Partnership drafted an investment contract (Evidence A 2, hereinafter “instant investment contract”) with the following content.

Article 1 (Obligation A) A (Plaintiff) shall invest KRW 300 million in Byung (Defendant Association Establishment Promotion Committee).

Article 2 (Obligations of Section B)

1. Eul (Defendant Company) is a maintenance and management service provider, and shall pay Gap 51% of its revenue shares at the time of concluding a three-party contract for the lending of funds, and the timing for settling accounts of its revenue shares shall be determined by mutual agreement;

2. Eul shall make every effort to receive contracts for profit-making business, such as removal from office for maintenance, management, or services;

3. B shall commence consultation on the selection of a contractor before the establishment of a cooperative and make every effort to make it possible to participate in the works simultaneously with the establishment of a cooperative;

Article 3 (Obligations of Soldiers)

1.A soldier shall pay 300 million won loaned from A as the highest priority to a bid bond for the contractor after establishing the partnership.

Article 5 (Matters of Special Agreement) B shall guarantee A's repayment of its investment funds together, and the representative E and the actual manager F, and the chairman of C, and the G.

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