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(영문) 대전지방법원 2018.11.14 2017가합105801
배당이의
Text

1. Of the distribution schedule prepared on July 6, 2017 by the same court with respect to the auction case of real estate C in Daejeon District Court.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) is a corporation established for the purpose of real estate sale and sales agency business, and the Plaintiff is an internal director of the above company, and E is a person who actually operates the above company with the Plaintiff’s husband.

F and E are elementary schools, and the defendant is F's private village of birth.

B. Agreements D between D and the Defendant, and the Defendant, shall prepare matters relating to the investment in funds relating to the G Regional Housing Association Project (hereinafter “instant Project”) as follows:

Article 1 (Opening of Business) The outline of the Project shall be as follows:

(1) Business name: (tentatively named) G District Housing Association. (2) Business name: The purpose of this Agreement is to make an investment in relation to the main business of D and to distribute profits accruing from the project. (16,077.57 (The change may be made in the course of authorization and permission)

Article 3 (Duties and Roless) (1) D shall use the amount invested by the defendant for expenses related to the business of the defendant.

2. (Obligation of the Defendant) The Defendant is obligated to pay 150 million won as investment in connection with this Agreement.

6.5.To make investments in D projects until 5.

Article 4 (Distribution of Investment Funds and Profits) D shall pay a sum of KRW 300,000,000,000,000,000,000,000,000,000,000,000,000

1) On June 5, 2015, E drafted, on behalf of D, an investment agreement with the Defendant with the following terms and conditions (hereinafter “first agreement”) (hereinafter “the first agreement”).

(2) On the same day, the Defendant transferred KRW 150 million to the account under D’s name. 2) After the first agreement, E requested the Defendant to “the Defendant to make an additional investment of KRW 50 million to D, including the revenue, in addition to KRW 400 million, by the end of June 15, 2015,” and the Defendant accepted it and remitted KRW 50 million to D’s account on June 15, 2015.

3 D above KRW 400 million to the defendant by the end of June 2015.

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