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(영문) 서울동부지방법원 2017.08.24 2016가단135543
부당이득반환
Text

1. The Defendant’s KRW 61,284,684 as well as the Plaintiff’s KRW 5% per annum from July 6, 2016 to August 24, 2017.

Reasons

1. Facts of recognition;

A. The Defendant’s investment and loan 1) while operating a private teaching institute project that educates the American style in Korea, the Plaintiff entered into an investment agreement with the Defendant to receive an investment of KRW 250 million from the Defendant on June 15, 2012 to raise funds for new construction projects. The details of the investment agreement are as follows. Article 2 (Investment Method and Investment Outline)

1. The defendant shall make an investment of KRW 250 million in cash and by means of borrowing the plaintiff or issuing new stocks.

2. Outline of investment - Establishment of a new campus - General investment matters and facility outline 1) - New construction of teachers and necessary teaching materials 2) creation of a campus surroundings (payment of profits from investment funds)

1. The Plaintiff shall pay the dividend of the proceeds from the investment within 60 days after the end of the fiscal year.

2.The proceeds of guarantee for investments shall be 15 per annum for five years and 35 per cent per cent at the time of withdrawal of investments after five years.

(Revenue for the first year of investment shall be paid by calculating the number of days). Article 7 (Refund of Investment Funds upon Non-Acquisition of Authorization) The Plaintiff shall promptly return the Defendant’s investment funds if it fails to obtain authorization for new school construction after purchase of the project site, and shall cancel the right to collateral security when the return of the investment funds is completed.

2) On June 15, 2012, the Defendant paid KRW 250 million to the Plaintiff as the investment amount. 3) After that, the Defendant lent KRW 50 million to the Plaintiff on March 3, 2014 without setting the due date.

B. On August 22, 2012, the Plaintiff purchased the land of KRW 8.466 billion outside the Yongsan-si Suwon-si E from D on August 22, 2012, and the Plaintiff purchased the land of KRW 8.46 billion. The down payment amounting to KRW 1 billion on the date of the contract, and the remainder amounting to KRW 7.46 billion on February 25, 2013.

The plaintiff paid 1 billion won down payment to D on the date of concluding the contract.

However, the Plaintiff failed to pay the remainder to D until February 25, 2013, and D shall be the Plaintiff.

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