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(영문) 서울중앙지방법원 2015.11.24 2014가합62713
투자 약정금반환
Text

1. Defendant D and E jointly and severally agreed on KRW 33,60,000 for Plaintiff A, and KRW 176,00,000 for Plaintiff B and each of the said money.

Reasons

1. Facts of recognition;

A. Defendant D and Defendant E agreed to jointly carry out a new construction project of the 12-household 12 and the 9-household Dogra in Seongbuk-gu Seoul, Seongbuk-gu, to jointly carry out the new construction project of each of the instant lending units (hereinafter “each of the instant lending units”) in H, and Defendant D agreed to raise investment funds, and Defendant E introduced the city construction project, and take charge of technical management.

Defendant C Co., Ltd. (hereinafter “C”) decided to carry out the construction of each of the instant loans between Defendant D and E.

A contract for a construction project: Defendant C (hereinafter referred to as “A”) investor:

1.J,

2. The purpose of this Arrangement is to provide for matters necessary for the joint implementation of the works indicated in Article 2 between A and B under Article 1 (1) of the Convention.

Article 2 (Contents of Joint Project) The joint project to be implemented by “A” and “B” under this Agreement shall be as follows:

The contents of the project:The basic principles of the project under Section 3 (Business Basic Principles) of the Loan Reconstruction Corporation, when the project is performed by Party A, shall prepare this Agreement and deposit the investment money to Party A’s head of the Tong when the completion of the authentication is completed.

Article 4 (Obligation of Each Party)

1. The following shall be the obligation of Party A:

Return of Investment Amount (Period: 180 days from the date of commencement of construction)

(b) Basic guarantee amount of investments (50 million won) (based on estimated business profits of 130 million won);

2.The following shall be the obligation of Section B:

At the time of completion of the notarial deed of this Agreement, 400 million won of investment shall be deposited in the head of the Si Corporation.

Article 5 (Distribution of Profits A and B): 60%, and 40% (including the basic guarantee amount of investment gains of Article 4(b) for B) (including the estimated profits of Article 4(2)), Article 6 (Investment Period and Period), Article 6 (Investment Period and Period)

1. The investment period shall be 180 days from the date of commencement of construction works;

2. The period of construction shall be 150 days from the date of commencement.

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