투자금 반환 청구의 소
The Defendants jointly and severally pay to the Plaintiff KRW 178,278,688, and KRW 150,00,000 among them, from September 3, 2019.
1. Basic facts
A. On June 21, 2018, the Plaintiff entered into an investment agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”), and with respect to the construction business of multi-family housing in the second phase of the Daejeon E District (hereinafter “instant business”), 150,000,000 won, and Defendant B paid 150,000,000 won per annum and 24% per annum on December 21, 2018 (hereinafter “instant investment agreement”); and the entire content thereof are as indicated in the attached Form).
The instant investment agreement states that the Plaintiff invested in the Defendant B for the purpose of “the apartment building project of the Busan-gu Busan-si G G Gwon of the Busan-si Housing Association” (Article 1), but the fact that the Plaintiff intended to invest in the instant project is not a dispute between the parties, and thus, such agreement is recognized as above.
B. On June 21, 2018, the Plaintiff and the Defendants: (a) leased KRW 150,000,000 to Defendant B with interest rate of KRW 24% per annum (payment at the time of repayment of principal); (b) due date of payment on December 21, 2018; (c) Defendant C and Defendant D Co., Ltd. (hereinafter “Defendant D”); (d) drafted a certificate of loan with the content of joint and several guarantee of the said loan; and (b) drafted a notarized deed of money loan agreement (No. 699, 2018, a notary public) with the same date.
C. On June 5, 2019, the Plaintiff and the Defendants agreed to change the repayment period under the instant investment agreement to August 31, 2019.
The Plaintiff paid KRW 150,000,000 to Defendant B in accordance with the instant investment agreement, and thereafter, the Defendants paid KRW 5,000,000 to the Plaintiff on January 2, 2019, and KRW 10,000,000 on September 2, 2019.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 5, purport of whole pleadings
2. The Plaintiff’s assertion is obligated to pay the principal and interest under the instant investment agreement to the Plaintiff, and the remainder of the Defendants jointly and severally guaranteed Defendant B’s obligations.