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(영문) 대전지방법원 2019.07.03 2018가합109336
투자금 반환청구
Text

1. The defendant shall pay 150,000,000 won to each of the plaintiffs and 15% per annum from September 18, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant was a stock company established for the purpose of real estate development business, etc., and performed a new construction business of neighborhood living facilities and officetels in Daejeon Seo-gu D and E from May 2015 (hereinafter “instant business”).

B. On January 24, 2017, Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) concluded an investment agreement with F that substantially operates the Defendant with respect to the instant business as follows.

Subject matter: 4,216,00,000 won (investment of funds) A (Plaintiff B) shall invest 200,000,000 won (Defendant) in Seosung-gu Daejeon Metropolitan City.

Article 2 (Investment Purpose of Funds) A shall invest in B, and Eul shall use the investment funds for the purchase and development purpose of the Seongbuk-gu, Daejeon Metropolitan City UN-gu D and quasi-residential land.

Article 3 (Period of Collection and Disposal of Investment Money) B shall receive investment money from A on January 18, 2017 and use it as a purchase fund for an object, and return the investment money by January 18, 2018.

Article 4 (Investment Money Transfer and Profit Distribution)

1. The amount of investment shall be deposited into the parent account (G or Jeonbuk Bank H) of B;

2. The proceeds shall be the amount excluding all necessary expenses (any taxes, public charges, and other charges) incurred at the time of disposing of the object A and B, and Eul shall pay to Gap the amount invested by 60% as the proceeds;

C. Plaintiff A also was F and B on February 1, 2017

The same content as the entry in the subsection (However, the date of receipt of the investment bond was February 1, 2017, and the date of return of the investment bond was set on February 1, 2018) entered into an investment agreement.

(However, Plaintiff A entered into the said investment agreement under the name of “Plaintiff A” and “Plaintiff I”, the spouse of the said Plaintiff. hereinafter the Plaintiffs entered into the said investment agreement with the Defendant, “each of the instant investment agreements” and “the instant investment funds” under the said agreement.

The Plaintiffs deposited KRW 200,000,000 each of the instant investments into the G account in the name of F’s mother.

(e) F.o.

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