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(영문) 수원지방법원안양지원 2019.07.25 2018가단10867
금전반환
Text

1. Defendant B’s KRW 50 million and the Plaintiff’s 15% per annum from February 27, 2019 to May 31, 2019.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1-5, Eul evidence Nos. 4 and 5.

Defendant B registered the business of “D” in the name of Defendant C, an ASEAN, and promoted the business (hereinafter “instant business”) such as opening a food store (hereinafter “instant food store”) in the F Underground shopping mall located in Ansan-gu, Annyang-si (hereinafter “instant shopping mall”) and attracting restaurant business operators who will visit the said trade name, and attracting franchise stores in other areas (hereinafter “instant business”).

A: D (Representative C: Purpose of Article 1(1) of G is to invest funds by A for the purpose of supporting the business activities of B and to regulate the contents related to the recovery of funds and the distribution of investment returns.

Article 2 (Investment Money) (1) The amount invested by Party A under this contract to Party B shall be KRW 50 million.

Article 3 (Distribution of Profits) (1) B shall deposit the investment money and transfer 50% of the D equity at the same time.

Article 4 (Redemption Method) (1) The principal of the investment fund referred to in Article 2 shall be deposited into the account of A by the following methods:

except that if the project continues, the terms and conditions of the recovery of the investment proceeds will automatically be terminated at the lapse of two years from the date of commencement of this contract after the occurrence of this contract.

1. First redemption: 10 million won, January 2018 (not indicating specific months and days);

2. Second redemption: 10 million won, January 2018.

3. Third repayment: 10 million won, January 2019.

4. Fourth redemption: 20 million won, and 200 million won on January 2019.

(4) The method of collecting the investment money specified in paragraph (1) shall be prescribed by a separate agreement between A and B, as a witness of A’s substitute operator G.

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