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(영문) 수원지방법원 2018.06.01 2017가합13345
투자금 등 반환 청구
Text

1. The defendants shall jointly and severally serve for the plaintiff 347,000,000 and either of them.

140,00,000 won shall be charged for 140,000 won from May 12, 2015 to May 11, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of building and civil engineering works, and Defendant A (hereinafter “Defendant A”) is a company established for the purpose of manufacturing and selling food products, and Defendant B is a major shareholder and in-house director of Defendant A.

B. Around May 2015, Defendant A obtained permission for construction of a food factory in the wife population C, D, and E in Young-si, and entered into a construction contract with the Plaintiff around that time.

C. On May 6, 2015, Defendant A entered into an investment agreement with the Plaintiff (hereinafter “instant investment agreement”) and entered into a loan agreement on the same day (hereinafter “instant loan agreement”) with the Plaintiff to raise funds to purchase the site of a food factory, and signed the instant investment agreement and the instant loan agreement with the joint guarantor.

The main contents of the instant investment agreement and the instant loan agreement are as follows.

The name of the project pursuant to the investment agreement of this case: the purpose of this project is to maximize the project by creating a site for a factory (food factory) of the wife population in Yongsan-si and by raising funds for the purchase of land of the wife population in tolerance-si in Article 1 of the New Factory Construction Project.

Section 2 / [Duty] of “A” (Defendant A) shall carry out and complete all tasks for raising funds for the construction of new factories, including the shortage of funds for the purchase of the land in this project and all of the tasks for raising funds for the construction of new factories, as a result of the completion of all administrative implementation procedures for the implementation of the Project.

(i)the date of commencement of the repayment of investments shall not exceed 12 months after the enforcement of the investments.

The portion of the shortage of the obligatory land price of “B” shall be executed from the investment money.

After the conclusion of this Agreement, payment shall be made on the date requested by A.

The management of funds for investments shall be made.

Article 3 [Conditions] [A] Interest and Investment Return on Investment in Common Obligations Terms shall be 3% per annum, and Investment Profits shall be 2.5% per six months, and Investment Profits shall be 2.5% per annum.

The date of occurrence of interest payment shall be investment.

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