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(영문) 수원지방법원 2018.11.22 2016가단47429
청구이의
Text

1. The Defendant’s notary public against the Plaintiff (Law Firm C, October 29, 2015) No. 794 dated 2015.

Reasons

1. Facts of recognition;

A. On October 29, 2015, the Plaintiff’s husband and the Defendant concluded a fund investment contract with the following major contents (hereinafter “instant fund investment contract”). The Plaintiff jointly and severally guaranteed the investment amount and the obligation to return profits that D bears to the Defendant according to the instant fund investment contract.

Article 1 (Purpose) of the Fund Investment Contract, as a purpose of supporting D’s business activities, etc., is to contribute to the investment of funds by the Defendant and to regulate the contents related to the collection of the funds.

Article 2 (Investment Money) The amount of the Defendant’s investment in D under this contract shall be KRW 110,000,000 per day (110,000,000).

Article 3 (Methods of Redemption)

1. The principal of the investment under Article 2 shall be repaid in cash to the defendant's account by the following methods:

1. Date of redemption: 0 million won per day of payment, May 29, 2016

2. The total amount of the invested principal under Article 2 shall be guaranteed;

3. Return on investment to the invested principal under Article 2 shall guarantee 10% of the amount invested each month, and deposit it in the defendant's account by the 29th day of each month; and

Article 10 (Matters of Special Agreement) In addition to the matters of the General Agreement above, the following matters shall be prescribed as the special agreement, and if there is any conflict between the general matters and the special agreement, the special agreement shall take precedence

1.The funds will be funds to be used for licensing and trading of cargo transportation services and cargo brokerage services in operation in D.

3. A monetary loan contract for consumption and a contract for transfer for security for the invested amount shall be prepared separately;

5. The joint and several sureties of the Investment Fund shall be the plaintiff (E) of D's spouse;

B. On October 29, 2015, pursuant to Article 10(3) of the instant Fund Investment Contract, a notary public borrowed KRW 110 million from the Defendant as C’s No. 794 of C’s 2015,000 from the Defendant and repaid KRW 100 million until May 29, 2016, and paid interest rate of KRW 2% per annum, and the Plaintiff against D’s Defendant.

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