(영문) 창원지방법원 2019.06.13 2018가합534

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(영문) 창원지방법원 2019.06.13 2018가합534

대여금반환

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1. Defendant B’s KRW 480,000,000 as well as 5% per annum from April 7, 2009 to June 18, 2018.

Reasons

Facts of recognition

1) The status of the parties to the case is 1) D Co., Ltd. (hereinafter referred to as “D”).

) The building "F building" shopping district E of Seongbuk-gu, Seongbuk-gu, Changwon-si (hereinafter referred to as the "instant commercial building").

(2) Defendant C was reappointed as the representative director of D on May 1, 2006 and resigned from office on June 24, 2008. Defendant B was appointed as the representative director of D on June 24, 2008 and resigned from office on August 201, 2012.

(1) An investment agreement with D on March 26, 2007 (hereinafter “investment agreement of this case”): Investment amount of KRW 1 billion: The investment amount of KRW 1 billion: A representative director C of the D representative director C of the D corporation shall pay the amount of the investment principal and profit as follows.

- - Future -

1. The investment principal shall be paid in cash, and shall be repaid immediately after the payment of the sale price or unsold commercial loan occurs after the completion of the F building in E;

2. The profit of KRW 960 million out of the investment principal shall be registered before the F building G (the sale price of KRW 480 million, the separate value-added tax).

Provided, That all expenses and taxes incurred in the registration of transfer shall be borne by investors.

130% (52 million won) shall be paid in cash for the remaining KRW 40 million.

3. If an investor wishes to receive the entire profit in cash, 30% (300 million won) of the investment principal shall be paid after consultation with the City Mayor.

5. To prepare a contract for sale of F building H (3.2 billion won in lots) as security for the investment principal and pay it to investors.

Provided, That the executor may sell to a third party without the consent of the investor, and shall pay one billion won out of the sale price to the investor first priority after completion.

agency;

2) On March 26, 2007, the date of the preparation of the investment agreement of this case, No. 10,000,000,000,000,000,000,000 won as follows:

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