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(영문) 춘천지방법원 2016.09.21 2015가합533
청구이의
Text

1. Of the instant lawsuit, the Chuncheon District Court Decision 2012Gahap1573 Decided July 17, 2013 against the Defendant’s Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (C Co., Ltd.) is a company that runs the business of developing golf courses, skiing grounds, containers, and lifts, and the Plaintiff (C Co., Ltd.) is a company that operates the Friart at approximately 640,000 square meters in Chuncheon, D, E, and Japan (hereinafter “instant Riart”).

) A project to create a project (hereinafter referred to as “instant project”);

2) The Defendant is not only a company that invested in the instant project, but also a company that entered into a service contract with the Plaintiff for the design of the instant resort.

B. On August 31, 2010, the Defendant invested KRW 800,000 in the instant project and the Defendant made an investment (Article 3). The investment period is at least one year from the date of full payment of the investment amount (Article 4). The Defendant may choose to repay the investment amount by either cash repayment, or by choosing one of the substitute repayment. In the case of cash repayment, from the date of full payment of the investment amount to the base rate for the term deposit in commercial banks (Article 6). In the case of cash repayment, the Defendant agreed to repay the investment amount by calculating it as the base rate for the term deposit in commercial banks (Article 6) (hereinafter “investment agreement”).

2) On the same day, the Plaintiff paid KRW 800,000 to the Plaintiff. 2) On June 15, 2012, the Defendant requested the Plaintiff to repay KRW 800,000,000 to the Plaintiff. At the time, the interest rate for one-year term deposits in commercial banks was about KRW 3.6% per year.

3) The Defendant filed a lawsuit against the Plaintiff for the claim for return of investment amount pursuant to the above agreement (Seoul District Court 2012Gahap1573), and on February 24, 2010, the above court rendered a judgment with the purport that the Plaintiff shall pay to the Defendant the amount of KRW 800,000,000 and the amount of KRW 3.6% per annum from August 31, 2010 to August 2, 2012, and the amount of KRW 20% per annum from the next day to the day of full payment (hereinafter “instant judgment”); and the above claim shall be referred to as “instant execution claim.”

(2) The plaintiff appealed from the Seoul High Court (Seoul High Court Decision 2013Na1742, November 12, 2014), but the plaintiff appealed from the above court.

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