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(영문) 서울고등법원 2020.01.16 2019나2024931
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The Investment Agreement Co., Ltd. (hereinafter referred to as the “C”) acquired the “the status of the purchaser of the instant land” or “the instant right to implement the instant project,” etc. from the F Association, in relation to the complex building construction project (hereinafter referred to as the “instant project”) implemented on the ground of 4,030 square meters (hereinafter referred to as “E”) purchased by the F Association (hereinafter referred to as the “F Association”) from E Corporation (hereinafter referred to as “E Corporation”).

On June 11, 2014, the Plaintiff entered into a funding agreement with C to invest KRW 1,00,000,000 (hereinafter “instant investment agreement”) with respect to the instant business, and the main contents thereof are as follows.

Article 1 (Purpose) The purpose of this Agreement is to create business profits by raising land contract funds and operating funds, constructing new buildings suitable for this land, and investors shall invest required funds and recover profits safely.

Article 2 (Investment Amount and Place of Use)

1. Amount of attracting investment: 1,000,000 won (the gross amount of attracting investment of KRW 5,000,000,000,000, out of the gross amount of attracting investment of KRW 1,000; and

2. Financing sources: Land contract amount (3,820,000,000 won) for construction and design, authorization and permission expenses (1,180,000 won), etc.

3. The amount of this investment shall not be disbursed for expenses other than those under this project.

Article 4 (Management and Financial Execution of Investment Funds)

1. The amount of investment shall be managed by the defendant until it enters into a land contract with E Corporation;

2. The defendant shall establish a passbook for the management of the above investment money after the conclusion of this agreement.

3. When a land contract is concluded, the defendant shall transfer the remaining amount (the amount excluding the land contract amount from the total investment amount) under his management to C.

Article 5 (Risk Management)

2. C’s conclusion of land, conclusion of a contract with the FF Cooperative, and legal advice for the recovery of the Plaintiff’s investment.

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