투자금반환청구
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Basic Facts
On April 8, 2008, the Plaintiff and Defendant B (hereinafter “Defendant B”) entered into an investment contract with respect to the purchase of D commercial land and building construction project (hereinafter “instant building construction project”) with the following contents:
(hereinafter “instant investment contract”). Article 1 (Investment Obligations of the Plaintiff) (Investment Obligations of the Plaintiff) The Plaintiff shall invest KRW 300,000,000 in Defendant B on the following terms:
① The Plaintiff shall deposit KRW 300,000,000 as the down payment on April 8, 2008.
② The Plaintiff shall additionally deposit the intermediate payment at the starting point of Defendant B after October 2008.
(Specific Amount of money shall be determined through consultation between the Plaintiff and Defendant B). (1) Defendant B shall preferentially register the sale of the commercial building newly built by Defendant B at the time the Plaintiff completes its investment obligation under Article 1(1) and (2).
(2) The sale price shall be supplied at a discount than the ordinary sale price on the basis of the completion date.
The sale price at discount shall be determined by the agreement between the plaintiff and the defendant B after completion.
The Plaintiff paid at least 250,000,000 won out of the down payment pursuant to the above investment contract to Defendant B.
[Reasons for Recognition] Facts without dispute, Gap's evidence Nos. 1 and 3 provides that the plaintiff's claim for restitution based on the termination of the contract as to the claim against the defendant Eul as stated in Gap's evidence 1 and 3 shall be determined by a consultation between the plaintiff and the defendant Eul. The defendant Eul did not hold any consultation, and the plaintiff did not inform the plaintiff of the fact that the construction of the building of this case was carried out.
③ At the time of the instant investment contract, Defendant C, the representative director of Defendant B, agreed to pay the remainder of the Plaintiff’s down payment and intermediate payment, but Defendant B did not comply with this.
Accordingly, the plaintiff is a service of the original copy of the payment order of this case.