(영문) 서울중앙지방법원 2021.01.20 2019가합549963

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2021.01.20 2019가합549963

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 137,726,027 as well as 23% per annum from August 15, 2019 to the date of full payment.

Reasons

1. The Plaintiff (hereinafter referred to as “A”) and the Defendant and C (hereinafter referred to as “B”) shall enter into a contract with each other relating to the funding support, as follows:

Article 1 (Purpose) The purpose of this Agreement is to contribute to the investment of funds by A and to regulate the contents related to the recovery of funds for the purpose of supporting the business activities of B.

Section 2 (Investment Funds) The amount invested by Party A under this contract to Party B shall be KRW 200,000,000.

Article 3 (Term of Contract)

1. The term of a contract shall be from December 7, 2017 to December 6, 2018 (12 months).

2. The extension of the contract term shall be extended only when a mutual agreement has been reached between A and B;

Article 4 (Methods of Paying Profits from Investment Funds)

1. 4,00,000 won shall be paid on the sixth day of each month to the account designated by Gap for the earnings from the investment under Article 2;

2. The payment of proceeds from investment shall be made from the net profit, excluding all taxes, and shall be made in cash to the account of Party A;

3.Interests related to the investment amounts shall not accrue separately and shall be substituted by the proceeds of the investment under paragraph 2.

Article 5 (Security) Section 5 is a security for investment funds to set up a mortgage of KRW 240,00,000 on the debtor under Seocho-gu Seoul Metropolitan Government D apartment E, Defendant, and C.

Section 6 (Disposition of Security) In the event that Section 6 (Disposition of Security) fails to perform the obligations under this Agreement, A may use the security offered by Section 6 for appropriating the amount of outstanding redemption through the disposal of the security offered by Section 6.

Article 10 (Special Terms and Conditions) In addition to the General Terms and Conditions set forth above, B and A shall determine the following matters as the special terms and conditions, and if the special terms and conditions conflict with the text, they shall prevail over the special terms and conditions

1. The investment commission that Party B pays to Party A is the amount obtained by deducting taxes, public charges, etc. to be borne by Party A, and all taxes, such as income tax, etc. arising in connection with the investment fee, shall be borne by

2. B.

유사 판례

-서울중앙지방법원 2021.01.20 2019가합549963

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