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(영문) 대전지방법원 2015.09.03 2014나16317
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On June 18, 2005, the defendant purchased the right to sell the E development project zone to the plaintiff, C, and D, and then would allow the plaintiff to sell the E development project zone to sell the E development project zone and to sell the E development project zone so that the plaintiff, C, and D may sell it and make profits from the sale. On June 18, 2005, the plaintiff, C, and D invested KRW 55 million in each of them, and purchased the right to sell the E development zone from G to 165,00,000,000 under the plaintiff's wifeF name.

B. On June 24, 2005, the Plaintiff, C, and D entered into an investment agreement with Defendant, I, and I (hereinafter “instant agreement”) with the following contents (hereinafter “instant agreement”). The main contents are as follows.

Investment Object: A re-investment operator and joint and several sureties of a re-resident's right to sell a housing site in Daejeon P: Defendant, I investor: Plaintiff, C, and D (investment in each of the above 55 million won): This Agreement aims to purchase real estate subject to investment and sell it within a given period to the investor and distribute the agreed amount to the investor, and to enter into an agreement on the common standards, principles, and agreement between the investor and the investor to allocate the amount to the investor.

Article 5 (Investment Period): The agreed period of the real estate to be invested shall be within three months from the date when the funds for the real estate to be invested have been sold in lots and the balance has been paid from the date when the funds for the real estate to the date of sale. If it is deemed that additional development is possible to create profits, the holding period may be extended through mutual consultation, subject to mutual consultation.

Article 6 (Stable Investment Guarantee, Distribution of Profits, etc.) (1) The principal of the investment (one hundred million won per day) and the joint and several guarantors, at the same time, shall be liable for the investment, and if the sale of real estate becomes known, the investor shall be bound to do so.

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