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(영문) 대구지방법원 2020.01.30 2019가합201376
투자이익금반환
Text

1. The Defendant’s KRW 750 million to the Plaintiff and the Plaintiff’s 15% per annum from February 19, 2019 to May 31, 2019.

Reasons

Facts of recognition

Article 3 (Business Division) ① Business Affairs of the Defendant - Business Affairs related to the conclusion and maintenance of land sales contracts - Business Affairs related to the formation of a regional housing association, business promotion, authorization and permission, and agency - Business Affairs related to the formation of a regional housing association - Business Affairs related to goods plan, design, authorization and permission, etc. - Business Affairs related to the joint management of the Plaintiff’s investment funds and the collection of the principal and interest on investment funds - Business- Investment Affairs related to the Plaintiff’s business affairs specified in this contract - The Plaintiff shall make an investment of KRW 400 million in cash to the Defendant immediately after the conclusion of this

Article 5 (Opening and Operation of Joint Management Accounts) (1) In order to deposit and operate the Plaintiff’s investment funds under Article 4, the Plaintiff and the Defendant shall open a bank entry account in which the name of the Defendant and the name of the Plaintiff and the Defendant are affixed, respectively.

(2) In order to withdraw the money deposited in the account under paragraph (1) and disburse it for this project, the prior consultation between the plaintiff and the defendant shall take precedence, and the defendant shall prepare evidentiary documents, etc. necessary for disbursement and consult with the plaintiff in advance

Article 6 (Payment of Investment Principal and Revenue) ① The Defendant shall reimburse the Plaintiff’s investment principal under Article 4 within six months from the date of the deposit of the investment principal, regardless of the progress of this project, and shall consult with the Plaintiff where it is necessary to extend the repayment period.

(2) As to the Plaintiff’s investment proceeds under Article 4, the Defendant shall pay the Plaintiff the base amount of KRW 1.5 billion prior to the tax credit for investment profits.

③ The Plaintiff’s investment profits under paragraph (2) shall, in principle, be paid to the Plaintiff in equal installments whenever the establishment of the association is completed at least 51% of the recruitment rate of members of the regional housing association of the business recruited by the Defendant, and the Defendant shall pay the Plaintiff in equal installments whenever each 10% of the recruitment rate of

The plaintiff on April 2016.

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