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(영문) 광주고등법원(제주) 2015.11.25 2015나573
청구이의
Text

1.The judgment of the first instance shall be modified as follows:

A notary public of the defendant against the plaintiff is a law firm assistant.

Reasons

1. Basic facts

A. On August 26, 2013, the Plaintiff agreed with the Defendant to receive an investment of KRW 300 million from the Defendant to run a neighborhood living facilities and collective housing development project (hereinafter “instant project”) in Seocho-si B (hereinafter “instant investment agreement”). A notary public prepared a notarial deed of debt repayment contract (hereinafter “notarial deed of this case”) under the law firm 2013 192 with the Defendant, and the main contents of the instant investment agreement and the instant notarial deed are as follows.

Pursuant to Article 2 (Investment Amount) of the Real Estate Development Investment Agreement, Article 2 (Investment Amount): A (Defendant; hereinafter the same shall apply) shall lend the daily premium of KRW 100,000 (10,000) to B (Plaintiff; hereinafter the same shall apply) at the time of the conclusion of the agreement and the completion of the authentication, and B shall return the date and deposit it into the account of the Korea Investment Savings Bank (name A).

Second: The Korea Investment Savings Bank, a bank in charge of the PF of the Project in cash (200,000,000) shall open a passbook in the name of the investor on August 28, 2013 and automatically transfer the FF funds to the project cost management account when granting approval.

Article 3 (Advance Dividends for Investment Amount) The daily amount of full-time dividends for the investment amount (16,00,000 won) or the monthly amount of two million won shall be paid to A.

Provided, That it shall be limited to eight months as of the deposit date ( August 28, 13), and two million won per month shall be additionally paid to A when the project period is delayed.

Article 4 (Settlement of Dividends for Investment Amount) B shall be paid to A in lieu of 701, 702 and 703 (7 floors) of three households among 19 sections of the same project, the amount of investment amount and the amount of settlement dividends.

Article 5 (Loss of Maturity Interest) (Loss of Maturity Interest) shall naturally lose the benefit of time without the investor A's peremptory notice and pay in lump sum the amount of principal and interest in the following cases:

(1) B shall be within 12 months from the date of deposit of investment funds.

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