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(영문) 광주지방법원 2020.08.14 2019가합58655
약정금
Text

Defendant

A. From January 31, 2018 to August 14, 2020, Plaintiff A paid KRW 133,869,863 and KRW 132,00,000 among them.

Reasons

1. Basic facts are companies engaged in apartment shopping districts, sales and supply business, real estate development and consulting business, etc., and the plaintiffs were registered as directors of the defendant company.

Plaintiff

A deposited KRW 100 million in the Defendant’s account on February 11, 2017, and Plaintiff B deposited KRW 100 million in the Defendant’s account on November 28, 2016, KRW 30 million in the Plaintiff’s name, KRW 23, 2016, and KRW 100 million in the Defendant’s name on February 27, 2017.

On February 16, 2017, the Defendant entered into an investment agreement with the Plaintiff A and the Plaintiff B (hereinafter “instant investment agreement”) on February 13, 2017, with the said amount deposited into the Defendant’s account as the principal of investment, and the main contents thereof are as follows.

Plaintiff

A The Defendant of the investor of the Investment Agreement (hereinafter referred to as the "A") and the investor (hereinafter referred to as the "Plaintiff A") shall make an investment in the project site E (main Complex Construction Corporation) in Seoul and enter into an investment agreement as follows:

Article 1 1 Project 1 Project : Project 1 Project : Primary Complex Office (2) Project : F-G 5 Investment Period: from February 16, 2017 to November 16, 2017, the investment principal and revenue confirmation under Article 2 of the Seodaemun-gu Seoul Metropolitan Government : “B” shall invest the total sum of KRW 100,000 (10,000) for the Project.

(2) “B” - Final settlement of KRW 120,000,000 (120,000), shall be paid.

Article 3. Proceeds security of the invested principal (1) The invested principal and proceeds shall be paid after deducting the corporate tax paid from the trust company.

(2) A fund manager shall issue certificates of beneficial rights to beneficiaries.

(Principle of Registration in Original Trust Book). Article 5 (Principle of Registration in Original Trust Book) (1) The representative director of the investor representative (State) shall receive investment funds from investors and shall prepare and make an investment in the investment agreement agreement with a fixed period of investment in the business above.

(2) The investment principal shall be paid within 100 days from the date of investment.

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