(영문) 서울고등법원 2018.01.17 2013나75122

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.01.17 2013나75122

약정금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. The Defendants are companies with the purpose of real estate sales agency business, and E is the representative director of the Defendants.

1. The Plaintiff’s investment amount and investment situation shall invest 200 million won in cash to the Defendants.

As this investment brings to the Plaintiff’s bonds as collateral, the Defendants paid a separate interest of KRW 50 million to the Plaintiff, and the Plaintiff assumes the risk as collateral and exclusively brings about the Plaintiff’s vicarious sale of G sales with the money. Therefore, the Defendants recognize the Plaintiff’s status.

(2) The Plaintiff provided KRW 200,000 to the Defendants as a deposit money to commit the sale by G, and the Defendants, in return, shall ensure that the amount of interest-related KRW 50,000,000 and KRW 300,000,000,000 and KRW 50,000,000,000,000,

(j) The first return of investment: (a) the return of principal amount of KRW 200 million on August 15, 2009; (b) the return of KRW 50 million on August 15, 2009 is to pay interest rate of KRW 48% per annum if it is observed on September 15, 2009; and (c) the Defendants are to pay interest rate of KRW 48% per annum on behalf of the Plaintiff.

3: The payment of fees related to the sale services shall be determined by 2% of the total sales commission, and the payment schedule shall be referred to in the service contract. 4. If the transfer and takeover of bonds is unable to perform the matters related to the above provision and the sale services contract, the sales commission and deposit which Defendant B has against F, and the claims related to the Defendant C-related sales commission and deposit money, etc. shall be transferred to the Plaintiff, and all of them may be seized

B. On July 15, 2009, the Plaintiff remitted KRW 200 million to the account under the name of Defendant B Co., Ltd. (hereinafter “Defendant B”). On July 15, 2009, the Plaintiff and the Defendants possessed the “Investment Agreement” (Evidence A2; hereinafter “G Investment Agreement”) written between the Plaintiff and the Defendants on July 15, 2009, and the agreement is a contract with the following contents.

유사 판례

-서울고등법원 2018.1.17. 선고 2013나75122 판결

-인천지방법원 2016.03.31 2015가합1136

-서울중앙지방법원 2018.02.02 2016가합515624

-대구지방법원 2015.06.09 2014고단5460

-수원지방법원 성남지원 2013.9.10. 선고 2011가합4014 판결