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(영문) 부산지방법원 2016.08.11 2014가합41738 (1)
대여금
Text

1. The Defendant’s KRW 1,700,000,000 as well as 5% per annum from March 14, 2014 to August 11, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant, from around 2003, established a charnel house (hereinafter “instant building”) on the ground of the Gyeong-gun, Seongbuk-gun, Seongbuk-gun, and came to have difficulties in construction due to financial difficulties while running the “D construction,” and entered into an investment agreement with the F Co., Ltd. (hereinafter “F”) to carry out the projects for building and selling charnel houses (hereinafter “instant investment agreement”) by receiving funds from the F Co., Ltd. (hereinafter “F”) through E’s brokerage around June 2008, and divide the profits therefrom into one half. The main contents of the agreement are as follows.

Article 1 (Purpose) The purpose of business, such as finance, operation, sale, etc., shall be established for the success of charnel houses.

Article 2 (Responsibility and Obligations) (1) Responsibilities and Duties of Party A (Defendant, hereinafter referred to as “A”);

A. A shall immediately provide those necessary for the implementation of a charnel, including various documents, administration, etc., at the request of B (F; hereinafter “B”).

(b) Party A must accurately prepare its obligations up to now and take measures to prevent the difference in the implementation of this Agreement.

(2) Responsibility and duties of Section B.

(a) Eul shall raise funds and take necessary measures to resolve part of its obligations, such as construction costs incurred up to the present time for the smooth progress of the project, such as finance franchise PF;

(B) A confirm that the amount is not more than 2.6 billion won. (b)

B shall have all the authority to conduct affairs, such as finance, operation, and sale of charnel houses.

And Eul has independent authority over all business affairs related to the Project.

Article 3 (Distribution of Benefits) A and B, and C (E) C (hereinafter “A”), have the authority to pay for the debts up to the date and to pay for the debts up to the date and to convert into an incorporated foundation Gap and B, respectively.

(Provided, That the shares of Byung are included in the shares of Gap).

On the other hand, the representative G of the defendant and F is the defendant with bad credit standing at that time.

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