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(영문) 부산지방법원 동부지원 2018.07.18 2017가합102494
약정금
Text

1. The Defendant shall jointly and severally with C to the Plaintiff as to KRW 239,178,080 and KRW 200 million among them.

Reasons

1. Facts of recognition;

A. On March 21, 2016, the Plaintiff drafted an “investment agreement” with the Defendant, the Nonparty Company, and the Nonparty Company to return KRW 200 million to the Defendant and the Nonparty Company by December 30, 2016, when the Plaintiff paid KRW 200 million to the Defendant and the Nonparty Company.

(hereinafter “instant agreement”). The main contents are as follows.

The parties to the agreement on investment: The plaintiff, the defendant, and the non-party company 1: Paragraph 2 of the agreed investment amount: 200 million won: the plaintiff invests 200 million won in the defendant and the non-party company on March 21, 2016. Paragraph 3: The investment period from the date of borrowing to December 30, 2016.

B. Paragraph 4: Investment profits are 50% of the investment principal, and there is no tax burden of the Plaintiff. Paragraph 5: In accordance with the amount of security offered as security, the Defendant, the non-party company, and the non-party company drafted a contract for the sale and purchase of the same class with the goods of at least four stories of 115 square meters of D apartment at Yyang-si (hereinafter referred to as “Songyang-si”), and the Defendant, the non-party company, upon the sale and purchase of this household, shall be notified to the Plaintiff so that the double selling does not constitute double selling, and the sale shall be made after changing the same level of transaction to another household

6 Paragraph 6: 200 million won of the investment principal shall be deposited into the Defendant’s account (E BankF).

Paragraph 7: In the state that the defendant and the non-party company have no right to the apartment under Paragraph 5 when they failed to perform KRW 300 million by December 30, 2016, they are the period during which the ownership is transferred to the plaintiff within 10 days.

When the investment and investment profits are paid, a transaction agreement shall be null and void.

8 Paragraph 8: The defendant and the non-party company will assume all civil and criminal responsibilities when they fail to comply with the terms of the above agreement.

B. On March 21, 2016, the Plaintiff transferred KRW 200 million to the Defendant’s E bank account (Account Number F).

[Grounds for recognition] Gap 1, 2-1, 2, the purport of the whole pleading

2. Determination on the cause of the claim

A. 1 Determination of the nature of KRW 200 million remitted by the Plaintiff is not an investment agreement to which the Interest Limitation Act does not apply, but the Interest Limitation Act is applicable.

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