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(영문) 제주지방법원 2018.08.23 2017가합11960
보증금반환
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 203,430,106 to the Defendant (Counterclaim Plaintiff) and its related amount from November 3, 2017 to August 23, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The party column of the Plaintiff and the Defendant’s above contract does not explicitly state the Defendant’s corporate name, but since the name and seal of C, the representative director at the time of the Defendant, affixed the Defendant’s corporate seal, then the Defendant’s corporate seal can also be seen as a party to the above contract.

In addition, on July 25, 2016, C and the Plaintiff, as the representative director of the Defendant, enter into a joint investment agreement with the following contents as to the new construction of a multi-household 28 household on Jeju-si D and E ground, as follows:

- - Article 1 (Investment of Funds)

1. The Plaintiff shall invest KRW 700 million in the existing Defendant established through joint investment with C as prescribed by this Agreement.

2. C, along with the Plaintiff, shall jointly invest KRW 700 million by August 20, 2016, which is the date of payment of intermediate payment of the land of the said multi-household housing site, to transfer the ownership of the said land under the Defendant’s name

Article 2 (Investment Company) Name of Company: C50% of the shares of the Defendant Investment Company, Plaintiff 50% of the executives: Representative Director C, Plaintiff 3 of the In-house Directors (Formation, Operation, and Management of Epis of Corporations)

1. A photographics and officers of a juridical person shall be appointed by consultation between C and the Plaintiff.

2. C shall be responsible for the operation and management of a legal entity and shall make multilateral efforts to maximize its profits.

Article 4 (Payment of Proceeds from Investment) A corporation shall pay the Plaintiff the principal amount of KRW 700 million within 3 months as of August 20, 2016 (Date of Payment of Advance Interest) and the amount of KRW 700 million within 6 months as to the share participation ratio according to the share ratio of investment.

was concluded.

(hereinafter “instant investment agreement”)

B. On July 25, 2016, the Plaintiff remitted total of KRW 700 million to the Defendant and KRW 200 million on August 1, 2015.

C. The Defendant: (a) KRW 150 million on November 2, 2016; (b) KRW 50 million on November 3, 2016; and (c) KRW 10 million on November 3, 2016; (b) KRW 100 million on November 4, 2016; (c) KRW 90 million on November 21, 2016; and (d) KRW 200 million on December 7, 2016; and (c) KRW 16.

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