(영문) 수원지방법원 2015.05.01 2014가합3446

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(영문) 수원지방법원 2015.05.01 2014가합3446

채권조사확정재판에 대한 이의의 소

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1. On February 5, 2014, the part concerning paragraph (2) of this Article out of the final claim inspection judgment rendered by the Suwon District Court at 2012 Ps. 153.

Reasons

1. Basic facts

A. On May 26, 2010, A Co., Ltd. (hereinafter referred to as “A”) concluded a contract to establish a pledge (hereinafter referred to as “instant investment agreement”) with a golf course membership of KRW 35,000,000,000, which is operated by A, from the Defendant, as a company that has engaged in golf courses, sports facilities, other sports facilities, and real estate development business as its main business (hereinafter referred to as “instant membership”) upon borrowing KRW 35,00,000 from the Defendant.

However, A is a total of KRW 29,880,000,000,000, which was actually remitted by the Defendant under the instant investment agreement.

B. The content of the instant investment agreement drawn up on May 26, 2010 between A and the Defendant is as follows.

Article 1 (Purpose) The purpose of this Agreement is to raise funds for operating the business and funds for returning membership rights from the defendant in connection with the D golf course business (hereinafter referred to as the "this business") located in A in Ansan-si.

Article 2 (Change of Names of Golf Membership Members) A shall pay the principal, financial advisory fees, and sales advisory fees borrowed within one month in the course of completing the sale of 400 - - 400 - - 400 - - 1 - 1 - - 1 - 1 - a -- a -- a -- a ----- a------

Article 3 (Failure of Management) The defendant shall not participate in the management of A.

Article 5 (Fund Raising Amount) A intends to borrow from the Defendant a 35,000,000 won (35,000,000,000 won) with funds for operating the business and for returning membership rights in relation to the business of this case.

Article 6 (Payment and Time of Financial Advisory Fees and Sales Advisory Fees) A shall pay to the Defendant KRW 400 million on the last day of each month as the consulting fees for sales in lots and for the promotion of PF after raising funds, and pay KRW 500 million on the last day of each month, and KRW 500 million on the completion of sales in lots of 400 golf membership to be sold in total, and KRW 500,000 after the completion of sales in 20

In addition, the PF.

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