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(영문) 서울북부지방법원 2019.08.22 2017가합1299
추심금
Text

1. The part of the claim for the collection amount in the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. 1) The Defendants entered into a joint investment agreement on April 9, 2014, as well as D, E, F, G, H, and I (hereinafter “instant investors”).

K and 29 parcels and buildings on the ground (hereinafter referred to as “instant real estate”) at the time of emulsung in which the voluntary auction procedure has been in progress by the Suwon District Court J by investing a specific amount between the two.

A) A joint investment agreement was concluded to sell its profits at a high price after receiving a successful bid (hereinafter “instant investment agreement”).

(2) The investment ratio by investor shall be the ratio of the amount invested by the investor at the time of the establishment of this Convention from purchase price of land, and each investor shall be recorded in attached Form 1. The real estate subject to investment in Article 3 (Real Estate subject to Investment and Bidding Method) shall be the real estate at J Auction case, and the above auction case No. 1 shall be the real estate by Defendant C and the above auction case No. 2 shall be conducted by Defendant B. The operation of the investment project in this case shall be conducted by Articles 4 (Operation of Investment) and B, and shall be conducted in good faith and sincerity by respecting mutual agreement among the common investors. Article 7 (Criteria for Distribution of Profits) shall include profits (other than procedural expenses, interest on loans, and capital gains tax, etc.) arising from the investment in this case.

Of them, 70% of them shall be allocated to investors in proportion to their investment shares, and the remaining 30% shall be allocated to the debtor for loans required for this investment, 10%, and 10% of them shall be allocated to the investors in Article 4, respectively. [Attachment 1] [Attachment 1] (Name 1, the investor’s name, name, investment fund investor E 200,000,000 won, Defendant C 130,000,000 won investor’s KRW 50,000,000.

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