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(영문) 광주고등법원 2019.05.31 2018나24058
부당이득금
Text

1. The plaintiff's appeal and the extended and added claims by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at a housing construction business, etc., and the Defendant is a company that aims at a real estate consulting business, etc., and a limited partnership C (hereinafter “C”) is the parent company of the Plaintiff.

B. On December 21, 2012, the Plaintiff prepared a business investment agreement (Evidence A-1, its main contents are as follows; hereinafter “instant investment agreement”) with the Defendant to ensure the payment of KRW 2 billion in the said investment amount and KRW 1 billion in the final profit with respect to the new apartment construction project of the Gwangju Mine District D (hereinafter “instant project”). On the same day, a notary public prepared a notarized deed No. 2011 on December 21, 2012, stating that “the Plaintiff shall pay KRW 2 billion from the Defendant on January 7, 2014; and KRW 20 billion on a yearly basis; in the event that the Defendant’s investment is not carried out, the Plaintiff shall not raise an objection against the said investment amount; and on the same day, a notary public prepared a notarized deed No. 2011 on December 21, 2012 as a joint and several surety agreement (hereinafter “No. 3”).

Business Investment Agreement (Evidence A No. 1-1)

1. Amount of business investment: 2 billion won;

2. Fixed profit: one billion won.

3. Method of Repayment of Investment Funds and Profits - Amounting to two billion won of investment and one billion won of profit shall be guaranteed to be confirmed by the plaintiff to the defendant.

- In principle, the principal amount of KRW 2 billion shall be repaid within one year, but the sale rate of the above apartment shall be 60% in advance by consultation with the plaintiff and the defendant when the sale rate of the above apartment is 60%.

- The profit of one billion won shall be settled within three months after the completion of the apartment, and if there is a dividend of the profit prior to the completion of the apartment, it shall be distributed through mutual consultation.

-The apartment housing amounting to 2 billion won after the public announcement of invitation of invitation shall be provided as security to the defendant by the defendant with the full payment of the sale price.

(c).

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